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COLLECTIONS 



Connecticut Historical Society 



Volume XI 






HARTFORD 
PUBLISHED BY THE SOCIETY 
1907 






[This copy is one of three hundred pnbnshed by the Connecticut 
Historical Society for the State of Connecticut under the provisions of 
Sections 4627 and 4628 of the General Statutes.] 



The. Case, Lockwood & Brainard Company, Printers 



-f' 



OFFICERS OF THE SOCIETY 

Elected May 28, 1907 



u 



President, SAMUEL HART. 

/ JAMES J. GOODWIN, Hartford. 
I SIMEON E. BALDWIN, New Haven. 
\ JONATHAN TRUMBULL, Norwich. 
Vice- j MORRIS W. SEYMOUR, Bridgeport. 

Presidents, \ CARL STOECKEL, Norfolk. 

FRANK FARNSWORTH STARR, Middletown. 
ELLEN D. LARNED, Thompson. 
E. STEVENS HENRY, Rockville. 



Recording Secretary, 

Corresponding Secretary 

Treasurer, 

Librarian, 

Auditor, 



Membership Committee, 



Library Committee, 



Publication Committee, 



Committee on 

Monthly Papers, 



ALBERT C. BATES. 
W. DeLOSS LOVE. 
JOHN E. MORRIS. 
ALBERT C. BATES. 
JOSEPH G. WOODWARD. 

/ SAMUEL HART, ex officio. 
I JOSEPH G. WOODWARD. 
\ JULIUS GAY. 
) HORACE E. MATHER. 

JANE T. SMITH. 

ALBERT C. BATES. 

GEORGE S. GODARD. 

SAMUEL TAYLOR. 

SAMUEL HART, ex officio. 
FRANCIS H. PARKER. 
THOMAS S. WEAVER. 
J. COOLIDGE HILLS. 

SAMUEL HART, ex officio. 
ALBERT C. BATES. 
LEVERETT BELKNAP. 
FORREST MORGAN. 

P. HENRY WOODWARD. 
FRANCIS PARSONS. 
ARTHUR L. SHIPMAN. 



THE LAW PAPERS 



Correspondence and Documents 



DURING 



Jonathan Laws Governorship 



OF THE 



COLONY OF CONNECTICUT 
1741— 17J0 



Volume I 
October 1741— July 1745 



HARTFORD 

CONNECTICUT HISTORICAL SOCIETY 

1907 



CONTENTS. 



jf the General Assembly, October 



Law 



Introduction, 

Sketch of Jonathan Law, 

Extract from the Records 

1741 

John Ledyard to Jonathan Law (A. L. S.), Nov. 4, 1741. 

Papers, L 262, ......... 

George Phillips to Jonathan Law (A. L. S.), Nov. 23, 1741 

Law Papers, V. 57, 

Vote of the General Consociation. Nov. 24, 1741. Connecticut 

Archives : Ecclesiastical, VIL 246, ..... 
Resolves of the General Consociation, Nov. 24, 1741. Connecti- 
cut Archives: Ecclesiastical, VIL 247, . . . . ' 
George Wyllys to Jonathan Law (A. L. S.), Nov. 2"/, 1741 

Law Papers, I. 267, ........ 

Jonathan Law to Francis Wilks (A. L. S.), Nov. 30, 1741 

Law Papers, I. 268, 

Lewis Morris, Jr., to Jonathan Law (L. S.), Nov. 30, 1741 

Massachusetts Historical Society: Belknap Papers, I. 45 
Thomas Wentworth to the Governor of Connecticut (L. S.) 

Feb. 2, 1741/2. Law Papers, V. i, 

Thomas Wentworth's Instructions to 

2, 1741/2. Law Papers, V. 58, . 
John Winslow to Jonathan Law (A. 

Law Papers, I. 274, . 
Francis Wilks to Jonathan Law (L. S.), Feb. 4, 1741/2. Talcott 

Papers, Agents' Letters, 47; a duplicate "Copy ^ Capt 

Aves " is in Law Papers, I. 269, ..... 
Francis Wilks to Jonathan Law (L. S.), Feb. T2, 1741/2. Talcott 

Papers, Agents' Letters. 47; a duplicate (L. S.) is in Law 

Papers, I. 269, 

The Colony's Secretary and Treasurer to Jonathan Law (the 

Secretary's A. L. S.), Feb. 17, 1742. Law Papers, I. 275, 
Jonathan Law to Francis Wilks (A. L. S.), Feb. 20, 1742. Law 

Papers, I. 276, 

The Colony's Secretary and Treasurer to Jonathan Law (A. L. 

S. by the Secretary), March 11, 1742. Law Papers, I. 280, 
Jonathan Law to Francis Wilks (A. L. S.), [March, 1742]. 

Law Papers, I. 277, 



Captain Prescott, Feb 
L. S.), Feb. 4, 1741/2 



Page 
xix 
xxi 



13 



14 



15 



17 



19 



Vlll 



CONTENTS. 



1742 



1742 



Jonathan Law to Francis Wilks (A. L. S.), March 13, 1741/2 

Law Papers, L 279, 

Jonathan Law to Francis Wilks (A. L. S.), March 24, 1741/2 

Law Papers, L 270, 

Jonathan Law to Thomas Hancock (A. L. S.), March 24, 1741/2 

Law Papers, L 270, 

Thomas Hancock to Jonathan Law (L. S.), April 5, 

Law Papers, V. 3, 

Jonathan Law to Francis Wilks (A. L. S.), May 3, 

Law Papers, V. 4, 

Jonathan Law to Thomas Hancock (A. L. S.), May 3, 1742 

Law Papers, V. 4, 

Memorial of Pequot Indians to the General Assembly, May 5 

1742. Connecticut Archives : Indians, I. 239, . 
Owen and Croswell to the General Assembly about Groton 

Indians, May 6, 1742. Connecticut Archives : Indians, I 

238, 

Samuel Welles to Roger Wolcott (A. L. S.), May 13, 1742 

Roger Wolcott Papers, I. 55, 

The General Consociation to the General Assembly, May 13, 

1742. Connecticut Archives: Ecclesiastical, VII. 245. . 
Memorial of New Milford and Potatuck Indians to the General 

Assembly, May 13, 1742. Connecticut Archives: Indians, 

I. 240, 

Richard Ward to Colony of Connecticut (A. L. S.), May 25, 

1742. Law Papers, V. 12, 

Vote of the Colony of Rhode Island and Providence Planta- 
tions, May, 1742. Rhode Island Colonial Records, V. 45, . 
The Colony's Secretary and Treasurer to Jonathan Law (the 

Secretary's A. L. S.), June 21, 1742. Law Papers, V. 5, . 
Jonathan Law to Francis Wilks (A. L. S.), June 28, 1742. 

Massachusetts Historical Society: Trumbull Papers, I. 46, 
David Wooster to Jonathan Law (A. L. S.), July, 1742. Law 

Papers, V. 9, ......... . 

Jonathan Law to Richard Ward, July i, 1742. Law Papers, 

V. 6, 

Mohegan Indian Councilors Named, July i, 1742. Connecticut 

Archives : Indians, I. 249, ........ 

Zach. Bourryau to Jonathan Law (L. S.), July 17, 1742. Law 

Papers, V. 7, 

Zach. Bourryau to Jonathan Law (L. S.), July 23, 1742. Agents' 

Letters, i, 

Thomas Fitch to Roger Wolcott (A. L. S.), July 27, 1742. 

Roger Wolcott Papers, I. 56, 



Page. 

23 
2y 

31 
31 
32 
35 
36 

38 
39 
41 

42 
44 
45 
46 

47 
47 
49 
50 
51 
51 
54 



CONTENTS. IX 

Page. 

Josiah Willard to Jonathan Law (L. S.), Aug. 26, 1742. Law 

Papers, V. 10, 56 

Thomas Hancock to Jonathan Law (L. S.), Sept. 20, 1742. 

Law Papers, L 281, 56 

Benjamin Colman to Jonathan Law (A. L. S.), Sept. 23, 1742. 

Law Papers, L 282, 58 

Thomas Wentworth to the Governor of Connecticut (L. S.), 

Oct. 15, 1742. Law Papers, V. 11, 60 

Report of Committee of the General Assembly on Indian Claims 

at Sharon, Oct. 23, 1742. Connecticut Archives: Indians, 

I. 244, 61 

Jonathan Law to the House of Representatives (A. L. S.), 

Oct. 28, 1742. Connecticut Archives : Finance, HI. 182, . 65 

Jonathan Law's Instructions to Eliakim Palmer, [Oct. or Nov., 

1742.] Law Papers, V. 59. [Printed in Talcott Papers, 

XL 489], 66 

Jonathan Law's Instructions to Eliakim Palmer, Nov., 1742. 

Law Papers, I. 264, 66 

Jonathan Law to Eliakim Palmer (A. L. S.), Nov. 18, 1742. 

Talcott Papers : Council Orders, 46, 68 

Jonathan Law to Benjamin Colman (A. L. S.), [Nov. 18, 

1742]. Law Papers, I. 265, 69 

Jonathan Law to Benjamin Avery (A. L. S.), [Nov., 1742]. 

Law Papers, I. 266, 70 

Jonathan Law to Zach. Bourryau (A. L.), [Nov., 1742]. Law 

Papers, I. 263, 71 

John Sharpe to Eliakim Palmer (A. L. S.), Jan. 28, 1742/3. 

Law Papers, V. 2, 72 

Eliakim Palmer to Jonathan Law (A. L. S.), Feb. 7, 1742/3. 

Law Papers, I. 272, "]"] 

Zach. Bourryau to Jonathan Law (L. S.), Feb. 10, 1742/3. Law 

Papers, I. 273, 78 

Benjamin Avery to Jonathan Law (A. L. S.), Feb. 25, 1742/3. 

Law Papers, I. 278, 79 

Thomas Hill to Jonathan Law (A. L. S.), April 25, 1743. 

Law Papers, V. 8, 80 

Samuel Welles to Jonathan Law (A. L. S.), April 25, 1743. 

Law Papers, V. 22, ........ . 81 

Memorial of Niantic Indians to the General Assembly, May 

9, 1743. Connecticut Archives : Indians, I. 251, ... 81 

Stephen Prentis to the General Assembly (L. S.), May 12, 1743. 

Connecticut Archives : Indians, I. 253, 84 

Mohegan Indians' Choice of Agents, May 13, 1743. Connecti- 
cut Archives : Indians, I. 247, 85 



X CONTENTS. 

Page. 
Memorial of Niantic Indians to the General Assembly, May 13, 

1743. Connecticut Archives: Indians, I. 252, ... 86 

Memorial of Mohegan Indians to the General Assembly, May 

17. 1743- Connecticut Archives: Indians, I. 248, ... 88 

Report of Committee of the General Assembly respecting Indian 

Affairs (A: D. S.). May 22, 1743. Connecticut Archives: 

Indians, I. 246, 89 

Jonathan Law to the House of Representatives (A. L. S.), 

[May, 1743]. Connecticut Archives: Finance and Currency, 

III. 185 92 

Eliakim Palmer to Jonathan Law (A. L. S.), June 11, 1743. 

Law Papers, V. 25, 93 

Agreement for Expenses of Commissioners on the Mohegan 

Case (D. S.), July 6. 1743. Roger Wolcott Papers, I. 59, 94 

Expenses of Commissioners on Mohegan Case (D. S.), Aug.- 

Oct., 1743. Roger Wolcott Papers, I. 59, . . . . 96 

Josiah Willard to Jonathan Law (L. S.) July 25, 1743. 

Connecticut Archives: Finance and Currency, III. 204, . 98 

Massachusetts Bay Act (D. S.), June 22. 1743. Connecticut 

Archives: Finance and Currency, III. 203, .... 99 

Andrew Stone to tiie Governor and Company (A. L. S.), Aug. 

15, 1743. Talcott Papers: Council Orders, 47, . . . 100 
Decree of Commissioners of Review on Mohegan Case (D. S.), 

Aug. 16, 1743. Connecticut Historical Society, . . . loi 
Lords of the Admiralty to the Lords Justices, Sept. 26, 1743. 

Council Orders, i, . . . . . . . . . 112 

Thomas Corbett to the Governors in America, Aug. 19, 1743. 

Council Orders, 3 114 

Opinions on the American Act. Law Papers, V. 31, . . . 116 
Lords of the xA.dmiralty to Captains of Ships in America. Coun- 
cil Orders, 2 117 

Letters from Captains of Ships in America. Council Orders, 4, 118 
Benjamin Coleman to Roger Wolcott (A. L. S.), Sept. 22, 1743. 

Roger Wolcott Papers, I. 83, 124 

Andrew Stone to the Governor and Company ( L. S.), Oct. i, 

1743. Council Orders, 5, 126 

(General Assembly Committee Report on Herbage in Niantic 

Indian Lands (D. S.), Oct. 7, 1743. Connecticut Archives: 

Indians, I. 254a, 127 

William Shirley to Jonathan Law (L. S.), Oct. 11. 1743. Law 

Papers, V. 28, 130 

Samuel Welles to Jonathan Law (A. L. S.), Jan. 18, 1743/4. 

Law Papers, V. 29, 131 

France's Declaration of War against England, March 15(4), 

7743/4. Gentleman's Magazine, XIV. 154, .... 132 



CONTENTS. XI 

Page 

England's Declaration of War against France, March 9, 1743/4. 

Gentleman's Magazine, XIV. 167, 135 

Eliakim Palmer to Jonathan Law (A. L. S.), March 30, 1744. 

Law Papers, IL i, 139 

Duke of Newcastle to the Governor and Company (L. S.), 

March 31, 1744. Council Orders, 6 140 

Duke of Newcastle to the Governor and Company (L. S.), April 

26, 1744. Council Orders, 7 142 

Eliakim Palmer to Jonathan Law (A. L. S.), April 30, 1744, 
and May 10, 1744. Law Papers, IL 3; a " Coppia " (L. S.) 
of the earlier date forms Law Papers, IL 2, . . . 143 

John Richards to Roger Wolcott (A. L. S.), May, 1744. Con- 
necticut Archives: Indians, I. 215, . . . . . 144 

Prize Commissioners to the Governor and Company (L. S.), 

May 18, 1744. Council Orders, 9, 145 

Daniel Horsmanden's Opinion on the Mohegan Case, May 29, 
1744. New York Public Library (Lenox Foundation), 
Chalmers Papers, II.. . . . . . . . . 147 

William Shirley to Jonathan Law (L. S.), June 2, 1744. Law 

Papers, II. 5, 172 

Colony of Massachusetts Bay to Jonathan Law ( L. S. by the 

Secretary), June 5, 1744. Law Papers, II. 6, . . . 172 

William Greene to Jonathan Law (L. S.), June 7, 1744. Law 

Papers, II. 7, I73 

Commission of the Massachusetts Commissioners, June 8, 1744. 

Law Papers, V. 14 174 

Ozias Pitkin to Jonathan Law (A. L. S.), June 11, 1744. Law 

Papers, II. 9. 176 

Joseph Whiting to Jonathan Law (A. L. S.), June 12, 1744. 

Law Papers, II. 8 177 

New London Town Meeting Vote (D. S. by the Town Clerk). 

June 12, 1744. Council Orders, 10 178 

New London's Address to the King (A. D. S. by the Town 

Clerk), June 12. 1744. 'Council Orders. 9 178 

Act of Massachusetts Bay Colony ( D. S. by .the Secretary), 

June 12, 1744. Law Papers, V. 13, 180 

French Indian to Indian Commissioners, June 14, 1744. Con- 
necticut Archives : Indians, I. 263, ...... 182 

Conference with the Six Nations of Indians. June. 1744. Con- 
necticut Archives: Indians, I. 256, ...... 183 

Commissioners from Massachusetts and Connecticut to the 
River Indians, [June. 1744]. Connecticut Archives: Indians, 
I. 261, 185 

Schaghticoke and River Indians to George Clinton and the 
Commissioners from Massachusetts and Connecticut, [June, 
1744]. Connecticut Archives: Indians, I. 262, . . . 186 



Xll CONTENTS. 



Page. 



Commissioners from Massachusetts and Connecticut to the Six 

Nations, [June, 1744]. Connecticut. Archives : Indians, I. 

259, 188 

William Pitkin to Jonathan Law (A. L. S.), June 19. 1744. Law- 
Papers, IL 10. 189 

Jonathan Law to William Shirlej', June 19, 1744. Law Papers, 

IL II 191 

Jonathan Law to William Greene, June 19, 1744. Law Papers, 

II. 12, 192 

The Six Nations to the Commissioners from Massachusetts 

and Connecticut, June 20, 1744. Connecticut Archives: 

Indians, I. 260, 193 

Indian Commissioners to French Indians, June 20, 1744. Con- 
necticut Archives : Indians, I. 264. ...... 194 

Massachusetts Commissioners' Proposals (D. S.), June 20, 1744. 

Law Papers, II. 16, 195 

Joseph Minor to Jonathan Law (A. L. S.), June 20, 1744. Law 

Papers, II. 14, 197 

Joseph Minor to Jonathan Law (A. L. S.), June 20, 1744. Law 

Papers, II. 15, 198 

Edmund Lewis to Jonathan Law (A. L. S.), June 22, 1744. 

Law Papers, V. 60, . . . . . . . . . 199 

William Greene to Jonathan Law (A. L. S.), June 23, 1744. 

Law Papers, II. 13 199 

Jonathan Law to Titus Hurlburt. June 26, 1744. Law Papers, 

II. 18 200 

John Prentis to Jonathan Law (A. L. S.), June 27, 1744. Law 

Papers, II. 17 201 

Jeremiah Miller to Jonathan Law (A. L. S.), June 27, 1744. 

Law Papers, II. 19 201 

Jonathan Law to Gurdon Saltonstall, June 28, 1744. Law 

Papers, II. 18, 203 

Jonathan Law to William Greene. June 29, 1744. Law Papers, 

II. 20 204 

Jonathan Hait to Jonathan Law (A. L. S.), July 5, 1744. Law 

Papers, II. 21, 205 

List of Soldiers from Col. Jonathan Hait's Regiment. Connecti- 
cut Historical Society, 207 

List of Soldiers from Col. John Burr's Regiment. Connecticut 

Historical Society, 209 

Jonathan Law to the Governor's Council (A. D. S.), July 6, 

1744. Roger Wolcott Papers, I. 67 210 

Orders of the Governor and Council (A. D. S. of the Clerk), 

July II, 1744. Law Papers, II. 22, 211 



CONTENTS. XIU 

Page. 
Jonathan Law to George Clinton (A. L. S.), July 13, 1744. Law 

Papers, II. 23 212 

Jonathan Law to Francis Lewis (L. S.), July 13, 1744. Law 

Papers, II. 24, 213 

Eliakim Palmer to Jonathan Law (A. L. S.), July 14, 1744. 

Law Papers, II. 25, 213 

William Sharpe to the Colony of Connecticut (A. D. S.), July 

19, 1744. Council Orders, 11, 214 

Francis Lewis to Jonathan Law (A. L. S.), July 21, 1744. Law 

Papers, II. 26, 216 

George Clinton to Jonathan Law (L. S.), July 23, 1744. Law 

Papers, V. 61, . . 217 

Timothy Green to Jonathan Law (A. L. S.), July 25, 1744. Law 

Papers, II. 27, 218 

John Prentis to Jonathan Law (A. L. S.), July 28, 1744. Law 

Papers, II. 28, ... 219 

Francis Lewis to Jonathan Law (A. L. S.), Aug. 6, 1744. Law 

Papers, II. 29, 219 

John Prentis to Jonathan Law (A. L. S.), Aug. 14. 1744. Law 

Papers, II. 30, 220 

Board of Trade to the Governor and Company (L. S.), Aug. 28, 

1744. Council Orders, 12, 221 

Affidavits about French Ships, Aug. 31, 1744. Law Papers, 

V. 32, 222 

William Shirley to Jonathan Law (L. S.), Sept. 19, 1744. Law 

Papers, II. 31, 225 

William Greene to Jonathan Law (L. S.), Sept. 23, 1744. Law 

Papers, II. 32, 225 

Jonathan Law to William Greene (A. L. S.), Sept. 22,, 1744. 

Law Papers, II. 32, 227 

Jonathan Law to George Clinton (A. L. S.), Sept. 23, 1744. 

Law Papers, II. 32, 227 

George Clinton to Jonathan Law (L. S.), Sept. 25, 1744. Law 

Papers, V. 62, 228 

Jonathan Law to Jeremiah Miller (L. S.), Sept. 26, 1744. Law 

Papers, II. 33, 228 

Jonathan Law to John Prentis, Sept. 26, 1744. Law Papers, 

II. 33, 229 

John Winthrop's Petition to the General Assembly (D. S.), Oct. 

1744. Connecticut Archives : Miscellaneous, I. 204, . . 230 
Jonathan Law to Eliakim Palmer (A. L.), Nov., 1744. Law 

Papers, II. 34, A copy in same volume, 38, .... 239 
Jonathan Law to Samuel Welles (A. L. S.), Nov. 13, 1744. 

Law Papers, II. 35, 242 

Roger Wolcott to Jonathan Law (A. L. S.), Nov. 16, 1744. 

Law Papers, II. 36, 242 



XIV 



CONTENTS. 



Philip Livingstone to Roger Wolcott (A. L. S.), Nov. i8, 1744 

Roger Wolcott Papers, I. 68, 
William Shirley to Jonathan Law (L. S.), Nov. 19. 1744. Law 

Papers, II. T,y, 
George Clinton to Jonathan Law (L. S.), Dec. 23, 1744. Law 

Papers, II. 39, . 
Francis Wilks' Acconnt with Colony of Connecticut (D. S. by 

his Executrix), Dec. 31, 1744. Law Papers, II. 40, . 
Jonathan Law to George Clinton (A. L. S.), Jan. 2, 1744/5 

Law Papers, V. 35, 

Duke of Newcastle to Jonathan Law (A. L. S.), Jan. 3, 1744/5 

Law Papers, V. 40, ....... 

Benjamin Coleman to Jonathan Law (A. L. S.), Jan. 21, 1744/5 

Law Papers, V. 34, 

Act of the General Court of ^Massachusetts Bay (D. S. by the 

Secretary), Jan. 25, 1744/5. Law Papers, V. ^,2,, . 
William Shirley to Jonathan Law (L. S.), Jan. 29, 1744/5 

Law Papers, V. 30, . 
William Shirley to Jonathan Law ( L. S 

Papers, V. 36, . 
Roger Wolcott to Jonathan Law (A. 

, Law .Papers, I. 394, . 
Jonathan Law to John Prentis ( A. D. S 

Papers, I. 396, .... 
William Pepperrell to Roger Wolcott ( 

Roger Wolcott Papers, T. 65, . 
William Shirley to Roger Wolcott (L. S.), Mar. 8, 1744/5 

Roger Wolcott Papers, I. 64, . 
Andrew Burr to Jonathan Law ( A. L. S 

Papers, 1. 395 

William Shirley to Roger Wolcott ( 

Roger Wolcott Papers, I. 74, . 
William Greene to Jonathan Law (A 

Law Papers, 1. 39R, . 
John Stoddard to Jonathan Law (A. L. S.). Mar. 13, 1744/5 

Law Papers, 1. 399, . 
William Shirley to Jonathan Law (L 

Law Papers. V. t,"/, . 
William Shirley to Jonathan Law (L 

Law Papers, V. 38, . 
Letter to Roger Wolcott, Mar. 18, i 

Papers, I. 66, . 
William Greene to Jonathan Law (A L. S.), Mar. 22, 1744/5 

Law Papers, I. 397, . 



), Feb. 4, 1744/5. Law 
L. S.), Feb. 5, 1744/5 
), Mar. 7, 1744/5. Law 
L. S.), Mar. 8, 1744/5 



), Mar. 9, 1744/5- Law 

L. S.), Mar., 1744/5 

L. S.), Mar. 11, 1744/5 



S.), Mar. 15, 1744/5 

S.), Mar. 18. 1744/5 

744/5. Roger Wolcott 



Page. 
243 
244 

245 
246 
248 
248 
250 
252 
253 
255 
256 
257 
258 
259 
259 
260 
261 
262 
264 
265 
266 
267 



CONTENTS. 



William Shirley to Jonathan Law (L. S.), Mar. 25, 1745, Law 

Papers, V. 39 

Eliakim Palmer to Jonathan Law (A. L. S.), Mar. 25, 1745 

Law Papers, L 350; copies (A. L. S.) are found in the 

same volume 390, 392, ....... 

Jonathan Law to William Shirley (A. L. S.), Mar. 30, 1745 

Law Papers. I. 391 

Nathaniel Stanley to Jonathan Law (A. L. S.), Mar. 30, 1745 

Law Papers, L 393, 

William Shirley to Roger Wblcott (A. L. S.), Mar. 30, 1745 

Law Papers, L 372, 

Roger Wolcott to William Greene, Apr. i, 1745. The Corre- 
spondence of the Colonial Governors of Rhode Island, L 328, 
Jonathan Law to John Prentis (A. L. S.), Apr. i, 1745. Law 

Papers, L 374 

Jonathan Law to Roger Wolcott (A. L. S.), Apr. 2, 1745. Law 

Papers. 1. 346 

William Greene to Roger Wolcott (A. L. S.), Apr. 4, 1745. 

Roger Wolcott Papers, L 75, . 
Roger Wolcott to Jonathan Law (A. L. S.), Apr. 6, 1745. Law 

Papers, L 37s 

William Greene to Roger Wolcott (A. L. S.), Apr. 7, 1745. 

Roger Wolcott Papers, I. 76 

William Shirley to Jonathan Law (A. L. S.), Apr. 8, 1745. 

Law Papers, L 386, 

Roger Wolcott to Mrs. Sarah Wolcott (A. L S.), Apr. 10, 

1745. Roger Wolcott Papers, L 77, 

George Clinton to Jonathan Law (L. S.), Apr. 15, 1745. Law 

Papers, L 359 

Gurdon Saltonstall to Jonathan Law (A. L. S.), Apr. 17, 1745. 

Law Papers, L 360, ......... 

John Stoddard to William Shirley, Apr. 24, 1745. Law Papers, 

L 371 



37^ 
William Shirley to Jonathan Law ( L. S.), Apr. 27, 1745. Law 

Papers, I. 361, .......... 

William Shirley to Jonathan Law (L. S.), Apr. 27, 1745. Law 

Papers, L 375. .......... 

Summons to Surrender Louisbourg, May 7, 1745. Law Papers, 

L 370 

Memorial of Mohegan Indians to the General Assembly, May 

8, 1745. Connecticut Archives: Indians, I. 255, . 
William Pepperrell to William Shirley, May 12, 1745. Law 

Papers, I. 362, . . . 

William Shirley to Jonathan Law ( L. S.), May 18, 1745. Law 

Papers, I. 363, 



XV 

Page 

268 

269 
270 
271 

272 

272 

275 
275 
276 

277 
278 
278 

279 
281 
281 
282 
283 
284 
286 
287 
289 
295 



XVI CONTENTS. 

Page. 
Jonathan Law to William Shirley, May 2i, 1745. Law Papers, 

L 369, 296 

Samuel Welles to Jonathan Law (A. L. S.), May 24, 1745. Law 

Papers, L 364, 298 

William Shirley to Jonathan Law (L. S.), May 25, 1745. Law 

Papers, L 365 298 

William Pepperrell to Peter Warren, May 31, 1745. Roger 

Wolcott Papers, L 78, 299 

George Clinton to Jonathan Law (L. S.), June 10, 1745. Law 

Papers, V. 63, 302 

William Shirley to Jonathan Law (L. S.), June 15, 1745. Law 

Papers, L 366, 302 

Peter Warren and William Pepperrell to Mr. Du Chambon, 

June 16, 1745. Law Papers, IV. i, 304 

William Pepperrell to Mr. Du Chambon, June 16, 1745. Law 

Papers, L 327, 307 

William Shirley to Jonathan Law (L. S.), June 17, 1745. Law 

Papers, L 367, 307 

John Prentis to Jonathan Law (A. L. S.), June 18, 1745. Law 

Papers, L 334, 308 

William Shirley to Jonathan Law (A. L. S.), June 18, 1745. 

Law Papers, L 328, 310 

Samuel Chapman to Jonathan Law (A. L. S.), June 18, 1745. 

Law Papers, L 326, 310 

Jonathan Law to William Shirley, June 19, 1745. Law Papers, 

I- 332, 312 

Gurdon Saltonstall to Jonathan Law (A. L. S.), June 19, 1745. 

Law Papers, L 329, 313 

William Pepperrell to Jonathan Law (L. S.),Law Papers, L 389, 313 
Jonathan Law to William Shirley, June 20, 1745. Law Papers, 

I- 333, 314 

Account of Stores at Louisbourg, June 22, 1745. Law Papers, 

I- 337, 315 

Jacob Wendall to Jonathan Miller (A. L. S.), June 24, 1745. 

Law Papers, L 344, 315 

Peter Warren to Governor of Connecticut (L. S.). June 24, 

1745. Law Papers, L 330, 316 

William Shirley to Jonathan Law (L. S.), June 15, 1745. Law 

Papers, L 331, 317 

Committee of War to Jonathan Law (L. S.), June 25, 1745. 

Law Papers, L 335, 318 

Jeremiah Miller to Jonathan Law (A. L. S.), June 26, 1745. 

Law Papers, L 336, 320 

George Clinton to Jonathan Law (A. L. S.), June 26, 1745. 

Law Papers, V. 64, 321 



CONTENTS. XVli 

Page. 
William Pepperrell to Duke of Newcastle (L. S.), June 28, 

1745. Law Papers, I. 345, 321 

William Shirley to Jonathan Law (L. S., postscript A. L. S.), 

July 3, 1745. Law Papers, L 343 325 

Gideon Wanton to Jonathan Law (A. L. S.), July 5, 1745. Law- 
Papers, L 340 328 

Jonathan Law to William Shirley. July 6, 1745. Law Papers, 

L 342, 328 

Jonathan Law to James Wadsworth, July 6. 1745. Law Papers, 

L 342, 329 

Roll of Capt. Adonijah Fitch's Company, July 6, 1745. Connecti- 
cut Historical Society, 330 

Jeremiah Miller to Jonathan Law (A. L. S.), July 7, 1745. Law 

Papers, L 317, .... 331 

William Shirley to Jonathan Law (A. L. S.), July 8, 1745. Law 

Papers, L 376 332 

Nathaniel Stanly to Jonathan Law (A. L. S.), July 9, 1745. 

Law Papers, L 341, 332 

Daniel Edwards to Roger Wolcott (A. L. S.), July 9, 1745. 

Roger Wolcott 'Papers, L 79 334 

William Shirley to Penobscot and Norridgewock Indians, July 

12, 1745. Law Papers, L 326, ^2)7 

Josiah Willard to Jonathan Willard (A, L. S.), July 12, 1745. 

Law Papers, L 318, 338 

Jonathan Law to William Shirley (A. L. S.), July 16, 1745. 

Law Papers, L 324, 339 

Jonathan Law to Nathaniel Stanly (A. L. S.), July 16, 1745. 

Law Papers, L 325, 340 

\\'illiani Shirley to Jonathan Law (L. S.), July 16, 1745. 

Law Papers, L 320, 342 

Eliakim Palmer to Jonathan Law (A. L. S.), July 17, 1745. 

Law Papers, L 323, 343 

John Catherwood to Jonathan Law (A. L. S.), July 17, 1745. 

Law Papers, L 319, 344 

Jonathan Law to George Clinton (A. L. S.), July 18, 1745. Law 

Papers, L 321, 344 

Roger Wolcott to Jonathan Law (A. L. S.), July 19, 1745. Law 

Papers, L 322, 346 

Josiah Willard to Jonathan Law (A. L. S.), July 20, 1745. 

Law Papers, L 314, . . . .' 346 

Report of Committee of Massachusetts General Court, July 20, 

1745. Law Papers, L 312 347 

William Shirley to John Bradbury, July 22, 1745. Law Papers, 

L 311. • • • • 349 

2 



xvin 



CONTENTS. 



Aiirlirw l'.mr lo Jon;itli;iii Law (A. L. Sj, July 23, 1745. Law 

i'aixTs, I. 313 

Peter Warrei: lo (jovcnior of Coniiecliciil (L. Sj, July 25 

1745. Law Papers, \. :]\(), 

PoU-r Warren's Proclamation (I). S.j, July 25, 1745. Law 

Papers, J. 315 

Jabez Bra(ll)nry to William Sliirk'y, July 29, 1745. J-aw Papers 

L 316, 

John Siiarpe's J'.ill (I). S.), July 31, i745- I^aw Papers, V. 65 
Index, 



Page. 

353 

353 
355 
361 



INTRODUCTION. 



This Society published in 1892 and i8g6, as vol- 
umes IV and V of its series of Collections, the cor- 
respondence and documents covering the period of 
Joseph Talcott's governorship of Connecticut, from 
his being first chosen in October 1724, to his death 
in office in October 1741. This volume, with the 
others of the Law Papers which are to follow it, 
contains the correspondence and documents covering 
the period of the governorship of Jonathan Law, 
who upon the death of Governor Talcott .succeeded 
to the office of Governor of the colony of Connecti- 
cut, and who was continued in the office until his 
own death in November 1750. 

The originals of the greater part of the letters and 
documents here printed arc in the archives of this 
Society ; some are among the Connecticut State Ar- 
chives preserved in the State Library ; a number are 
among the Belknap and the Trumbull Papers pre- 
served by the Massachusetts Historical Society, and 
a few are among the Chalmers Papers preserved in 
the New York Public Library (Lenox foundation). 

Such of the manuscripts as are in this Society's 
archives are, with a few exceptions, contained in 
the series of five folio volumes lettered " J. Law 
Papers." Some forty or more years ago these manuscripts 
were arranged in a roughly chronological order, and 
mounted upon stubs ready for binding. They lay 
thus until 1903, when they were interleaved and 
bound, and lettered as follows : J. Law Papers, Vol. I, 

(xix) 



XX INTRODUCTION. 

1741-1747; Vol. II. 1744-1747; Vol. Ill, 1747-1750; 
Vol. IV, 1745-1749; Vol. V, 1741-1750. These manu- 
scripts were received by the Society in December 1840, 
from Larned Hebard of Lebanon, Conn., administrator 
on the estate of William T. Williams, as a gift from 
the heirs of Gov. Jonathan Trumbull, Sr. the grand- 
father of Mr. Williams. They had formed a part of 
the collection of manuscripts relating to the early 
history of Connecticut which had been gathered by 
Governor Trumbull before the breaking out of the 
Revolution, and had remained in the possession of 
his descendants until transferred to this Society. 

Other manuscripts here printed are from volumes in 
the Society's archives lettered " Roger Wolcott Papers," 
" Talcott Papers," " Agents' Letters," and '' Council 
Orders," with a few documents not classed in any series. 

The proof sheets of each document printed, ex- 
cepting the few in New York and Boston libraries, 
have been compared by the editor with the original 

manuscript. 

ALBERT C. BATES, 

Chair?/iati of the Publication Committee 

and Editor of this Volume. 

The Socie'iy's Lhikary, Octoi!ER 17, 1507. 



SKETCH OF JONATHAN LAW. 



"To Law, great man, Connecticut must owe 
More than to all the pow'rs, save GEORGE, below." 

—(Anon. 1751.) 

One hundred and fifty-seven years have passed 
since the death of tlie Honorable Jonathan Law of 
Milford, Governor of the Colony of Connecticut at 
the time of his death, and the twelfth person to 
be elected to that office. There is little that can 
be written of him after such a lapse of time ex- 
cept the dry official facts of his career, the per- 
sonal details which lend interest to a biographical 
sketch having been for the most part covered by 
the dust of time and lost from sight. From the papers 
in this volume, however, many personal traits will 
emerge, even through the forms of official dignity and 
restraint. 

The subject of these notes was born in Milford, 
Conn., August 6, 1674, the only son of Jonathan 
Law and his wife Sarah, the daughter of Deacon 
George Clark of the same town. The elder Jona- 
than was the son of Richard Law, an early settler 
of Wethersfield, whence he removed to become one 
of the founders of Stamford, Conn. The son Jona- 
than received a good education, being graduated 
from Harvard College in 1695, when he ranked 
eleventh in a class of twenty-two. This ranking 
indicates the social position of his family rather 
than the proficiency of the young man in his 
studies. Harvard conferred on him the degree of 
M. A. in 1729, 

(xxi) 



XXll LAW PAPERS. 

He is spoken of as " a youth of uncommon 
native ability and talent." His taste was evidently 
for the law, and he is said to have begun its prac- 
tice in his native town in 1698. On September 11, 
1698, he was admitted to full communion in the 
church in Milford. His name appears frequently on 
the records of Milford, where he was often chosen 
a member of various committees of the town. 

Law is said to have been the architect of the 
second meeting-house in Milford, which was erected 
in 1727 and 1728, and was the house of worship of 
the First Church for almost a century. 

Law's public and official life seems to have begun 
at the age of thirty-two, with his election to the 
General Assembly as one of the deputies or repre- 
sentatives from Milford at the session of May 1706. 
During this session he was appointed a Justice of 
the Peace for New Haven County. He was re- 
elected to the October session the same year, when 
he served as clerk of the House and received a 
grant of twenty shillings for that service. 

In May 1708, the Assembly ordained that, ex- 
cept in his own case, no person should make any 
plea at the bar until he had been approved of by the 
court and taken a prescribed oath. Under this act. 
Law was admitted an attorney at the Court of As- 
sistants held October 5, 1708. The same month he 
was established and confirmed as Ensign of the 
first company or train-band in Milford. This office 
he probably held for six years, and, excepting his 
formal position as commander-in-chief of the Colony's 
militia during his governorship, it seems to have 
been his only military office. 

In May 1709, he was again elected a deputy 
from Milford; this time, for some reason not now 



JONATHAN LAW. XXlll 

apparent, without a colleague. He was present at 
the extra session held the following month, and 
again served as clerk of the House. His later ser- 
vices as deputy were in May, and the special ses- 
sion of August 1 710; and both the May and October 
sessions of 171 5 and 1716. He was Clerk of the 
House in October 171 5, and Speaker in May 171 6, 
for each of which services he received a grant of 
twenty-five shillings. In October 17 14 he was Clerk 
of the Assistants or Upper House. 

In May 1709, and the two succeeding years, he 
was appointed a Justice of the Peace and of the 
Quorum for the county of New Haven, which made 
him an Associate Justice of the County Court. 
Perhaps because of his judicial position, he was one 
of the committee chosen to count the votes for 
Colony officers at the May election of 17 10. 

At this period the freemen of each town in the 
Colony met in September annually, and voted for 
twenty men to be placed in nomination for election 
the following May. The votes were laid before the 
October Assembly, and the twenty persons who were 
found to have the greatest number of votes were 
formally placed in nomination to be voted from at 
the election of the following May, and each town was 
notified of the names of the persons so nominated. 
In voting each April, the freemen of each town first 
voted for the Governor ; and while it was not incumbent, 
it was the invariable custom to choose him from among 
those in nomination. Next the Deputy Governor was voted 
for from among the twenty nominated ; and lastly from 
the remaining nominees twelve Assistants were voted 
for. The votes were returned to the May session of the 
Assembly and there counted, and those having the 
greatest number of votes for the respective offices 



XXIV ^ LAW PAPERS. 

were declared elected. As twenty were placed in 
nomination and but fourteen elected, there must always 
have been a remainder of six disappointed nominees* 
There were few changes in the nominations and elec- 
tions from 3'ear to year, the same names usually ap- 
pearing" in the same order of precedence, with perhaps 
one or two old names dropped because of death, or 
failure of election or of renomination, and a corre- 
sponding number of new names added at the foot of 
the list. 

In May 1710, one Assistant who had been renom- 
inated the previous October failed of election, and 
was not again placed in nomination the following 
October. This gave opportunity for inserting a new 
name in the list of nominees, and Jonathan Law was 
placed last on the list. From this time he was an- 
nually placed in nomination until his death. It was 
not, however, until May 171 7, that he first achieved 
an election as an Assistant, the last in the list of 
twelve. During these eight years Law made a steady 
advancement from the twentieth to the fourteenth posi- 
tion in the list. Four of these advancements were 
owing to the failure of Assistants of higher position 
than Law to secure a renomination after having failed 
of election ; while three advancements seem to have 
been due to Law's personal popularity, which caused 
him to be placed higher in the list than others who 
had previously occupied positions above him. 

Before his election as an Assistant, and as early 
as July 27, 171 1, Law sat occasionally as a member 
of the Governor's Council, his office as justice and 
later as judge entitling him to that position. After 
becoming an Assistant he sat frequently as a member ; 
and later as Deputy Governor and Governor he was a 
very regular attendant at the meetings of the Council 
board. 



JONATHAN LAW. XXV 

Since the seizure of New York by the English 
in 1664, the boundary line between that colony and 
Connecticut had remained in more or less continuous 
controversy; and the Assembly of Connecticut in 
October 171 3, in May and October 171 8, and again 
in May 17 19, appointed commissions, of each of 
which Law was a member, to join with commissioners 
from New Yofk to establish and mark the boundary 
line. Between the last two of these appointments, 
Law " being occasionally prevented from joining ... in 
that service," the other commissioner was ordered by 
the Council (Law being present at the time) to pro- 
ceed upon the business without him. But on none 
of these occasions did New York appoint commis- 
sioners to meet with those from Connecticut. In 
May 1 71 8, Law was appointed to appear in the 
name of the Colony of Connecticut, as a " council " 
at Westchester, N. Y., to defend before the court 
there two men who had been resisted and abused 
" in the execution of their offices of constable and 
collector . . . within'the limits of this Colony " — perhaps 
in the town of Greenwich, then claimed by both 
colonies. 

In May, 1723, Connecticut, despairing of any 
action by New York, threatened to appeal to the 
king to force New York to appoint boundary com- 
missioners, upon which New York agreed to appoint 
commissioners without delay ; whereupon Connecticut 
in October again appointed a commission, of which 
Law was a member. But this effort came to naught 
because the two colonies could not agree as to what 
should be done ; New York desiring only to re- 
establish the old boundary marks, while Connecticut 
claimed that the line should be re-surveyed and cor- 
rected. New York then sought and obtained from 



XXVI LAW PAPERS. 

the king the approval of an act that had been 
passed by her Assembly in 17 19, representing that 
Connecticut would not join in running a boundary 
line, and permitting her to run the line ex parte 
between the two colonies. The following October 
(1724) New York gave formal notice that her commis- 
sioners would run the line between the two colonies 
the next iVpril ; and Connecticut once more appointed 
a commission, of which Law was a member, " to act 
in Conjunction with them." An agreement stating 
precisely what was to be done on the occasion of this 
survey was drawn up and signed at Greenwich, April 
29, 1725, by the commissioners of both colonies, Law 
being the first man to sign. It is. only necessary to 
add that a partial survey was made the following 
month ; but it was not completed, and the line be- 
tween New York and Connecticut finally established, 
until 1 73 1. It is worthy of note that with the ex- 
ception of April 1720, when a new commission was 
named because the members of the former commis- 
sion were " indisposed and incapable to attend that 
service," Law was a member of every commission 
named by Connecticut for the purpose of running 
and establishing a line with New York, from the be- 
ginning of the agitation in 171 3 until the settlement 
in 1 73 1, and was the only member thus continuously 
reappointed. The importance of this matter shows 
the high regard in which he must have been held, 
and the value placed by the Assembly upon his 
services. 

After two years' absence from the bench of the 
County Court of New Haven County, Law was again 
called to that bench as Judge in May 17 14, and 
there continued for five years. While serving as 
judge of the County Court, he was appointed a judge 



JONATHAN LAW. XXVll 

of the Superior Court in May 1715^ the only in- 
stance, for twenty-nine years after the constitution of 
that court in 171 1, of a person not the Governor, Dep- 
uty Governor or an Assistant, being appointed a judge 
on that bench. The following year, though a Jus- 
tice of the Peace and a judge of the County Court 
he was not chosen to the Superior Court. But the 
next year, 171 7, he was again appointed a judge of 
the Superior Court, and was annually reappointed 
until May 1725, when he was chosen Chief Justice 
of that court ; a position that he retained by an- 
nual reappointment until his death. 

As previously noted. Law was first elected an 
Assistant in May 17 17, when he stood twelfth and 
last in the list of Assistants. At the next election, 
the Assistant next above him failing of election. 
Law advanced one position in the list. There he 
remained through n nual elections until May 1722, 
when another failure of election advanced him to 
tenth position. The following year, 1723, owing to 
the death of one nominee and the failure of two 
others to be re-elected. Law advanced to the seventh 
position in the list of Assistants. The death of the 
Deputy Governor during the year advanced Law at 
the 1724 election to sixth place in the list of As- 
sistants. Governor Saltonstall died in September, and at 
the October nomination Law was jumped from sixth 
Assistant, equivalent to eighth position in the list of 
nominees, to second position; and in May 1725, he 
was elected Deputy Governor. To this position he 
was annually re-elected for sixteen years, until upon 
the death of Governor Talcott in October 1741, he was 
called to the Governor's chair to fill the unexpired 
term. In May, 1742, he was elected Governor, and 
thereafter annually re-elected until his death. 



XXVIU LAW PAPERS. 

Law's advancement at the nomination of October 
1724 was a glowing tribute to his popularity and 
worth in the Colony ; advancing him as it did over 
five Assistants, four of whom had been continuously 
in that office since before Law's first nomination in 
1 7 10, one of the four having served continuously 
since 1694. 

That Law was a learned and shrewd lawyer is 
evidenced by the legal positions he was called to 
fill, as well as by the arguments drawn up by him 
and sent to England for the use of the Colony's 
agent in the appeal of Clark vs. Tousey. And it is 
apparent that Clark's kinship with Law ( they were 
first cousins ) made no difference in his view of that 
case or in his efforts in the Colony's behalf. 

The Louisbourg expedition, with all the unpleas- 
ant consequences which seem inevitably to follow in 
the wake of a military campaign, provoked many 
and deep jealousies, stirred up the turbulent element 
in the population, and brought about a spirit of dis- 
satisfaction and unrest. In this trying period Law 
governed with a strong and steady hand, remained 
calm and dispassionate, and advocated mildness in pun- 
ishment but that none of the guilty should be spared- 

The Assembly in INIay 1732, upon petition of a 
number of persons, incorporated these memorialists un- 
der the name of the " New London Society United 
for Trade and Commerce," for the purpose of carry- 
ing on trade and commerce and encouraging fishery. 
This society in August following began to issue 
quantities of bills, in close imitation of the Colony's 
bills of credit. It soon became apparent that the 
issue of these bills w^as likely to injure the Colony's 
good name and bring her into bad repute ; particularly 
as there seemed to be but little value upon which to 



■JONATHAN LAW. xxix 

base such an issue, and it was possible that the So- 
ciety might be unable to redeem the bills. Accord- 
ingly, the Assembly was called together in special 
session on February, 15, 1732-3; the . Society was 
cited to appear before it, and after a hearing, the 
act incorporating it was repealed, and arrangements 
were made for an issue of bills of credit of the 
Colony to redeem the Society's bills. Governor Tal- 
cott was visited by a " long and dangerous sickness " 
during the winter of 1732-1733, and was not pres- 
ent at the Februar}^ session of the Assembly, Dep- 
uty Governor Law presiding in his stead. The 
sketch of Law accompanying his funeral sermon 
states that " the honor of suppressing the currency 
of the New London Society, that execrable business 
which would have disrupted the state, and ruined 
it, is due to his wisdom and watchfulness." 

Governor Talcott, Law's immediate predecessor 
in the office of Governor, seems to have acted with 
much leniency towards the ecclesiastical controversies, 
the new religious views, and the preaching of the 
itinerants, which were securing a strong hold in some 
parts of the Colony. But with the advent of Law's 
governorship a change of policy appears. With a 
firm hand the itinerants were regulated or crushed, 
and stringent ecclesiastical laws were passed, which 
no doubt tended to the peace and welfare of the 
Colony— however hard they may have seemed to the 
Separatists, the Whitefieldians and others. Law belonged 
to the Arminian or " old-light " party, as opposed to the 
" new-lights," who looked upon these new laws as 
persecution. 

A controversy over the calling and settling of 
a minister by a dissenting body of the church in 
Milford gave an ' opportunity, which was seized upon 



XXX LAW PAPERS. 

by Law and his associates, for enforcing these new- 
ecclesiastical laws to the letter ; and in consequence the 
newly called minister was legally and perhaps for- 
cibly evicted from the Colony. 

In May 1734, the Assembly, for the purpose of 
encouraging the new industry, passed an act grant- 
ing a bounty or premium on all silk grown and 
manufactured in the Colony during the next ten 
years. The grant was not renewed at the expiration 
of the period named. This act marks the begin- 
ning of an industry which, although perhaps never 
a successful one, was continued in Connecticut for a 
century. At his extensive farm near Cheshire, Law 
was one of the first in the Colony to plant mul. 
berry trees and to introduce the raising of silk- 
worms. In 1747 Law wore the first coat and stock- 
ings made of New England silk, and in 1750 his 
daughter wore the first silk dress of domestic ma- 
terial. For a specimen of silk cultivated by him 
and sent across the Atlantic he received an award 
from the British Parliament. 

The October meeting of the General Assembly 
in 1750 ended its sessions on November first. The 
following day Governor Law, " having finished his offi- 
cial duties with his customary learning and care," 
returned to his home in Milford. The succeeding 
day he was taken ill, and after suffering greatly for 
three days he died of a strangury on November 6^ 
1750, in the seventy-seventh year of his age. 

He was buried in the Milford cemetery, where a 
handsome table monument in the most elaborate 
style of that period was erected to his memory, and 
may still be seen. 

The inscription on this monument was copied 
in 1 784 by Ezra Stiles as follows : 

Veri Literatura Integritate | et Regendi Arte 



JONATHAN LAW. XXXi 

peritissimi | Jonathan Law Armig. | Colonae Con- 
necticuttensis | Gubernatoris | Qui ob. Nov. 6, 1750 
setat 'j'j. 

The inscription has evidently been renewed, for 
it now reads : 

Jonathan Law | Governour of the | Colony of 
Connecticut | From 1742 to 1750 | He was born at 
Milford I August 6, 1672 | where he died | Nov. 
6, 1750. 

An error of two years will be ' noted in the 
date of his birth here given. 

Ezra Stiles, a close personal friend and at that 
time the Senior Tutor at Yale, delivered a formal 
oration in Latin upon Governor Law in the hall of the 
college on December 12, 1750, which was published 
as a small quarto of 2 ff., 12, (3) pp., with the following 
title : 

Oratio Funebris | Pro Exequiis celebrandis | 
Viri perillustris | Jonathan Law | Armigeri, | 
Coloniae Connecticutensis | Gubernatoris consummatis 
simi ; | Qui obiit Nov^"' 6'" Anno Salutis, 1750. | 
^tatis '/']'''''. I Habita | In Aula Collegii Yalensis 
Novi-Portus I Connecticutensium Nov-Anglorum, | 
Dec*^'"* 12'"° 1750, I Coram Praeside et Academiae 
Sociis I Quibusdam venerandis, | Reverendisque 
vicinarum Ecclesiarum Pastoribus, | Celeberrimaque doc- 
torum Virorum | Corona. | Oratore Ezra Stiles A.M. 
1 Academiae ejusdem Tutore Seniori. | Sic, transit 
Gloria Mundi. | Novi-Londini, | Excudebat atque 
Vendebat Timotheus Green, | MDCCLL | 

The last three pages consist of " An Address to 
Madam Law" in English by Dr. Stiles, she "being 
occasionally present at the House of the Reverend 
Mr. Clap " the day after the oration was pronounced. 



XXXll LAW PAPERS. 

The same year as the oration there was also 
issued anonymously at New London in small quarto 
form, 2 ff., 8 pp., a poem with the following title : 

A I Poem I Occasioned by the Death | Of the 
Honourable | Jonathan Law Esq ; | Late | Governor 
I of I Connecticut. | [Four lines from Pope.] | Printed 
in the Year, MDCCLL | 

Stiles in his funeral oration speaks of the Gov. 
ernor as follows : 

" No one was more energetic, stedfast or faithful 
in the performance of duty. In discharging his 
office as judge, no flatteries seduced him, nor could 
he be swayed by the niceties and fine distinctions 
of word usage ; he was moved only by the force of 
reason and the evidence of facts. As Senator and 
Governor he governed the State most excellently, 
studying the public welfare and advantage ; and 
serving it with the greatest assiduity. Always fixed 
firmly in his mind was the motto : Sahts popnli 
sitprejna lex csto. He had ever the most just and 
reasoned view of public affairs and of his adminis- 
tration ; the greatest necessities of himself, the 
people, or his friends would never allow him to 
step aside from the straight path of duty. His 
private life distinguished for its merits and virtues ; 
incorruptible in character. What friend more witty 
and merry than he ? What husband more kindly ? 
What parent more affectionate ? What relative more 

helpful?" 

Prof. James L. Kingsley of Yale in a sketch written 

in 1 847 says : 

" Governor Law was unquestionably a man of 

high talents and accomplishments, both natural and 

acquired. He was well acquainted with civil and 

ecclesiastical subjects, and gradually rose, by the 



JONATHAN LAW. XXXlll 

force of his own exertions, to the highest honors of 
the State. He was of a mild and placid temper, 
amiable in all the relations of domestic life, and 
seems to have well discharged the duties imposed 
on him." 

A manuscript poem in the Society's archives entitled 
" Observations on the several Commanders of the Ship 
Connecticut: Oct. lo, 1769, "has the following verse re- 
garding Governor Law : 

"Our next commander, Jonathan, 

Was deeply skilled in Law, Sir, 
And as honest a man of that knavish clan 

As ever appear'd at the bar, Sir. 
He cleaned the Ship, mounted the guns. 

And if I am not mistaken, 
The very first cruise he ever made, 
Proud Louisbourg was taken. 

And this is what I have observed, 

Of folks who've been new-lighting, — 
Like Saracens, Saints Soldiers make. 
And prove their faith by fighting." 

The following brief memoranda of Governor 
Law's family may prove of interest here. 

He married first, when twenty-four years of age, 
on December 20, 1698, Ann, the daughter of Rev. 
Joseph Eliot of Guilford. She was born December 12, 
1677, and died November 16, 1703. 

The children of this marriage were: 

Jahleel, baptized January 7, 1699/1700; died Au- 
gust 2, 1 70 1. 

vSarah, born August 19, 1701 ; died June 18, 1717. 

Ann, born August i, 1702; married January 12, 

1724/5, Rev. Samuel Hall of Cheshire, son of John 

Hall; died August 23, 1775. Their grandson, Samuel 

Augustus Foote, was governor of Connecticut in 1834. 

3 



XXXIV LAW PAPERS. 

His second wife was Abigail, daughter of Josiah 
Arnold, a member of the Rhode Island family of that 
name. They were married February 14, 1704/5; and 
she died December 14 of the same year. 

One son, Jonathan, was born to them on Decem- 
ber 5, 1705. He married Eunice, daughter of Samuel 
Andrew, Jr., January 11, 1737/8. Jonathan and Eunice 
were admitted to membership in the church in Mil- 
ford August 31, 1 74 1. They continued to reside in 
Milford, where several children were born to them- 
and where he died September 24, 1790. 

His third marriage occurred on August i, 1706, 
when Abigail, daughter of Rev. vSamuel Andrew, the 
minister in Milford, became his wife. She died Sep- 
tember 25, 1724. 

Their children were : 

Jahleel, born February 15, 1707; resided in Mil- 
ford, where he died in 1781. He married Anna, daugh- 
ter of Thomas Baldwin and widow of Richard Hol- 
lingsworth. One or more children were born to them. 

Abigail, born March 12, 1709; married George 
Clark, Jr., of Milford. She died in 1743. 

Samuel, born May 27, 171 1. He was of unsound 
mind, and died in 1780, without having married. 

Richard, born July 8, 171 3, died September 12 of 
the same year. 

Law's fourth wife was a widow, Sarah Burr of 
Fairfield, whom he married in 1726 and who died 
January 17, 1727, without issue. 

His last marriage was in 1730 to Eunice, daughter 
of Hon. John Hall of Wallingford and widow of 
Samuel Andrew, Jr., of Milford, whose sister Abigail 
had been his third wife and whose daughter Eunice 
later became the wife of his son Jonathan. After 



JONATHAN LAW. XXXV 

Governor Law's death his widow married Colonel 
Joseph Pitkin of East Hartford. 

The children of this last marriage were : 

Sarah, baptized March 28, 1731, died October 25, 1736. 

Richard, born March 7, 1732/3, was graduated from 
Yale College in 1751. He settled in New London, 
where he practiced his profession of the law. He 
was called to many public offices — Representative, 
Assistant, Chief Judge of the Cotmty Court, Justice 
and later Chief Judge of the Superior Court, District 
Judge of Connecticut, Delegate to the Congress of the 
Confederation, Member of the Connecticut Council of 
Safety, Mayor of New London. On September 21, 
1760, he married Anne, daughter of Capt. John Pren- 
tis of New London. Twelve children were born to 
them. He died January 26, 1806. 

John, baptized September 28, 1735, was graduated 
from Yale College in 1753. He enlisted in the French 
war in 1756 in the company of Gen. Phineas Lyman, 
and served as the General's Aide-de-Camp and Secre- 
tary. In 1759 he was appointed Commissary for the 
Colony to reside at Albany, where after the close of 
the war he was kept in confinement, it is supposed 
because of mental derangement. He removed in 1770 to 
South Carolina, and on May 6 of that year he married 
in Charleston Mary, widow of William Glover. He 
died near that city on September 16 of the same year. 

Sarai, born March, 1737, baptized January 8, i737/8> 
married Rev. Seth Pomeroy, Jr., pastor of the Green- 
field Hill church in Fairfield. They were the parents 
of two children. She died a widow, May 6, 1783. 

Governor Law's mention in a letter of June 28, 1744, 
of " My Son Andrew," probably had reference to his step, 
son Samuel Andrew, the only son of his wife Eunice by 
her former marriaee. 



LAW PAPERS. 



EXTRACT FROM THE RECORDS OF THE GENERAL 
ASSEMBLY, OCTOBER, 1741.* 

This Assembly being informed of the death of 
the Honourable Joseph Talcott, Esq'',f Governor of 
this Colony : It is resolved, that the Assembly will 
proceed (as soon as may be) to elect a Governor of 
this Colony, to serve in that office until the annual 
election in May next, in the room of the said Hon''''' 
Governor Talcott, late deceased. 

The Honourable Jonathan Law, Esq^ is by this 
Assembly elected and chosen Governor of this Colony 
until the annual election in May next ; and the 
Governor's oath, and the oath required by act of Par- 
liament, relating to trade and navigation, were ad- 
ministered to his Honour the Governor in the pres- 
ence of the Honourable the Members of the Council 
and House of Representatives. 



Resolved by this Assembly, That Capt. George 
Phillips, commander of the sloop Defence, do, and he 
is hereby directed to attend and perform on board 
said sloop, (beginning about four of the clock after- 
noon, the 13th day of ' October instant,) the proper 
ceremonies and tokens of mourning on account of the 
death of the Honourable Joseph Talcott, Esq', deceased, 
late Governor of this Colony, to be interred about 

* Colonial Records, VIII, ^16. 

+ Governor Talcott died on the morning of Oct. ji, 1741. 
I . 



2 LAW PAPERS. 

the same time ; and also the proper ceremonies and 
tokens of rejoicing in honour of the Honourable 
Jonathan Law, Esq', this day proclaimed Governor in 
the room of said deceased. 

Resolved by this Assembly, That there be a suf- 
ficient quantity of powder prepared for the cannon 
on the green,* and that they be fired in due form 
and order at four of the clock after-noon, in 
token of mourning on the account of the death of 
the Honourable Joseph Talcott, Esq', our late Gov- 
ernor ; and also the proper tokens and ceremonies of 
rejoicing on account of the choice of the Honourable 
Jonathan Law, Esq', Governor ;■ and that Colonel 
Joseph Whiting be desired to order the performance 
of that affair. 



JOHN LEDYARDf TO JONATHAN LAW. 

Grotox 4:{; [ ] 

[ ]-^^' J'[ 'Y Honour 

I have built two Vessels now Loading for 
England [ j Enclosd is a Register for Each as 

y^' Act of Parlia[ | has generally been understood 
to be well comply 'd [ ] by the Registers being 
Sworn to before the King's Collector and as I have 
not any manner of business at Milford if your 
Honour on Considering the distance of y^ [ ] place 
and urgency of my Affairs in fitting out these 
Ves[ ] will indulge me so much as to Sign the 
Registers a[ ] Suffer that they may be Sworn to 

* This session of the Assembly was held in New Haven, presumably in 
the Court House which stood on '■ the green". A sketch made in 1748 
shows three cannon located on the green. Blakc^s History of the New 
Haven Green. 

+ See Talcott Papers, II, 334, note (Collections V). 

X This date is no doubt 4 November 1741. 



JOHN LEDYARD. — GEORGE PHILLIPS. 3 

before y" Collector I shall Receive y'' favour with 
much ThankfuUness a| ] readily pay your Honours 
dues the first Opportunity I beg leave with much 
Submission to Congratulate y"" Hon[ ] on Your 
Receiving y'^ Chair of, this Government & to Sub- 
scribe my Self with great Respect 

Y' Hon-- 

Obedi' Hum"' Ser* 

JOHN LEDYARD. 

P S Should y"" Hon' think proper to Sign the 
Registers please to Send 'em to y'' Collector by Re- 
turn of Post 

[Superscribed] To The Hon'' Jonathan Law Escf 
Milford Postpaid 



GEORGE PHILLIPS* TO JONATHAN LAW. 

MlDDLETOWN Nov' 23"' 1 74 1 
Afay itt Picas your Hon 

these p"" my son who will waite on your 
Hon' in order to Gitt A Register for A Sloope he 
hath now Built &c 

With submision I would take Leave to acquaint 
your Hon'" How the Affaires Stand Relating to y<* 
Coloneys Sloope Defence — in obediance to y'^ actt of 
the Gen" Assembleyf I made y' best of my way in 
S*^ Sloope from Newhaven to New London where I 
Arived in Less than Six Houers from one harbour 
to the other & with as Great Dispatch as I Could I 

* See Talcott Papers II, 356, notes (Colkc/ions, V). 

i- The General Assembly in October, 1741, directed Capt. George 
Phillips to take the sloop Defence to New London, lay her up there, 
discharge his men and commit the sloop into the care of Col. Gurdon 
Saltonstall. Colonial /Records, VIII, 42 S. 



4 



LAW PAPERS. 



unridged S'' Sloope and Dischargd all the men* I 
have moard S*^ Sloope Vp the Coue A Little aboue 
Coll" Soltinstalls whorfe where she will Ley aflote 
and beleaue uary Secure from taking harme by Any 
wather I have Landed the Powdor there being 
fourteen Half barrills itt is putt in y*" Powdor house 
att y*" ffortt the Riging Sailes and all y'' War like 
stoars are securd on board ye Sloope togather with 
whot Provision that is Left which is Six bar" of 
Pork about 20 bushell of pees in Casque and About 
30 waite of tallow Left at Graccing her Bottom I 
am of y'' minde y' itt might be best if ordors might 
be Giuen to haue y* Provision Sold for itt will Groe 
wors with Lying and Espashally y'' Peese — With 
Hum''' Regards is from your Hon" Most Obediant 
Hum''' Ser" tto Comand — 

GEORGE PHILLIPS 
[Superscribed] To the Right Hon''''^ JON^ Law 
Esq' Govenor of y" Coloney of Conettecutt Living 
att Milford These By George Phillips Jun' 

[Indorsed] Cap' Phillips Letter Nov'^'' 23 1741 



* The names of 


the men who served on the sloop, 


the 


date of dis- 


charge, and the number of days 


in service, are as follows 






Capt. Philips, 


Oct. 20, 


45 


Hez. Wetmore, 




Oct. 20, 45 


Lieut. Wonter, 


" 




Partridge Bringhin 


gham, " " 


Master, Burnham, 


" 


" 


Wm Landell, 




" 


Gunner, Mainvvaring 


" 


" 


Stephen Chapin, 




" 


Boatswain, Anthony, 


" 


" 


Aaron Chapin, 




" 


Carpenter, Breed, 


" 


" 


Jon"" Leeds, 




" 


Cook, Lewes, 


Sep. 16, 


12 


Jn" Peck 




" 


Mate, Cable, 


Oct. 20, 


45 


Jn" Cammell, 




Sep. 11, 7 


Jon^h Hall, 


" 


" 


Jos. Hapton, 




Sep. 12, 8 


John Coit, 


Sep. 19, 


15 


Jn" Veal, 




" 


Ed. Wells, 


Oct. 20, 


45 


Elisha Wakely, 




" 


Wn. Smith, 


" 


'' 


Jon"- Cable, 




" 


Jn" Brown, 


Oct. 9, 


35 


Walter Griswold, 




" 


Moses Hood, 


Oct. 20, 


45 









Conncclicitl Archives, War^ IV, gj. 



GENERAL CONSOCIATION. 5. 

VOTE OF THE GENERAL CONSOCIATION.* 

At a General Consociation Conven'd at (juilford, 
Nov' 24*^ 1 74 1 

The Rev'' Mess" Samuel Whitman, William 
Burnham and Benjamin Coltonf were chosen a Com- 
mittee to Present the Thanks of this Consociation to 
the Hon^''' the General Assembly in May next for 
their Goodness in Countenanceing and -defraying y" 
charge of this present Convention. 

Test SAMUEL WHITTELSEY Scribe 



RESOLVES OF THE GENERAL CONSOCIATION.]: 

The Resolves of the General Conso[ciation, con- 
vened at Guilford,] Novb' 24*^ 1741 

This General Consociation having Sought to God 
by Prayer for his Direction & Guidance and freely 
Confer'd and Debated came unanimously to the fol- 
lowing Resolves 

It appears that there has for Some time past 
been a great and remarkable Work of God carried 
on in this Land and in this Government, that great 
Numbers of Persons cheifly of the lower and younger 

* This Vote and the Resolves which follow were laid before the 
General Assembly which convened May 13, 1742, and accompany a letter 
to the Assembly. 

+ Samuel Whitman was of Farmington, William Burnham of Kens- 
ington, then partly in the town of Farmington, and Benjamin Colton of 
Hartford West Society. 

X It may not be generally known that these Resolves were printed in 
1825 as an appendix to a Sermon preached by Rev. Thomas Robbins at 
Manchester at the installation of the Rev. Enoch Burt, July i, 1824. The 
manuscript in the State Archives is somewhat imperfect, and the missing 
words have been supplied in brackets from the printed sermon. The word- 
ing of the two copies differs slightly. 



6 LAW PAPERS. 

Sort have been awakened in an uncommon Manner 
to be concern'd for their Eternal Salvation, and 
Inquiring what they vShall Do to be Saved, And it 
is to be hoped, that a great many Souls have been 
brought Savingly to believe in Jesus Christ unto 
Eternal Life. 

At Such a time it becomes the Ministers & 
People of the Lord Jesus Christ to Testify their 
Thankfulness & Praise to him for his wonderfull 
Mercy to a SinfuU People, who having been long- 
highly favour'd with Distinguishing previlidges and 
having abused them are yet favour'd with Such a 
Glorious and Mercifull out pouring of his Holy Spirit. 

As is natural to Expect in this corrupt and 
Dark St[ate of the] world, there are diverse [human 
weaknesses, imperfections and imprujdences, which 
have attended this great and [work, both in some] of 
the Instruments, who have appeared most Zealous 
to pr[omote it | and in Som.e, who we hope are 
wrought upon Sincerely to beli[eve in] the lord 
Jesus Christ, as well as in those under awakening 
and concern and there are also diverse Stratigems 
and Devices of Satan & Endeavours of his to de- 
ceive unwary Souls and to Impose on them and 
thereby throw a Blemish and Reproch on the work of 
God. 

There ought to be great Care taken by People 
in the Choice of Ministers, that they get men of 
Learning, Wisdom and of Piety and ought to attend 
only on the Ministry of Such as are approv'd or 
allow'd by the Constitution of the Colony. 

Ministers and Associations ought to be Carefull 
to licence Recommend or put into the ministry, 
none but vSuch as are men of learning wisdom and 
Prudence and as far as thev can Discern men of 



GENERAL CONSOCIATION. 7 

true Piety and Experimental acquaintance with Jesus 
Christ. 

When Persons of this Character (according to a 
Judgment of Charity) are introduced into the Minis- 
try by the Regular Choice of the People and Regular 
Ordination by the h[ands of] the Pr[esby]ter as hath 
been Practised in the Chu[rches of New England, 
they are lawful ministers of Christ ejven if after all 
they Should Really [be] Uncon[verted | men 

If any person Should apprehend this was the 
State of any Minister or other Public Person, tis not 
lawful! either Publickly to Declare vSuch a Judgment 
or privately to Insinuate the Same or Peremptorily 
to pronounce this concerning any one of them, nor 
undertake by open Censures and Seperations to Re- 
move them and Reform the Church. 

That Heresie, False Doctrine grossly vSuch vScan- 
dalous Sin and the unjust Imposition of Such Terms 
of Communion as Christ hath not made are the 
only just grounds of open vSeperation, and that not 
till proper vSteps are taken in order to A Regular 
Conviction 

And in Case of Seperation or Seperations not so 
Qualified We advise the Several and Respective 
Consociations, within whose Circuit they may happen 
to take Cognizance of the vSame and proceed therein 
according to the Constitution. 

We know of no way to Determine of the Con- 
version of any [other pjerson, but from his Christian 
Profession, life and Conver[sation, on a particular 
informa]tion of his Experience of a work [of God 
on his heart], and to pretend to Judge thereof by 
any [part]ictular impression made upon a persons 
mind concerning another is unsafe and dangerous 
having no warrant in the word of God. 



6 LAW PAPERS. 

We are all agreed that the holy Scriptures are 
the only Rule of Faith and manners, and whatever 
inward impressions any person may pretend to as a 
Direction to Duty or Judgment which is not by and 
according to the word of God is an unsafe and 
fallacious ground of action and Judgment in Relig- 
ion and Duty. 

We approve of the Established Constitution in 
this Government both as to Doctrine and Discipline 
and purpose to abide by it and act in Conformity 
to it 

That for A Minister to Enter into another Min- 
isters Parish and Preach or Administer the Seals of 
the Covenant without the Consent of or in Opposi- 
tion to the Setled Minister of y*" parish is disorderly 

Not with Standing if a considerable Number of 
People in a Parish are desireous to hear another 
Minister Preach pro[videdJ the [Same] be orthodox and 
Sound in the Faith & not notoriously [faulty in 
censuring other] Persons or Guilty of any other 
vScandle we think it Ordinarily advisa[ble for the 
minister of the parish] to Gratifie them by giving 
his Consent upon the[ir s]uitable [appli]cation to him 
for it unless Neighbouring Ministers vShould advis[e] 
him to the Contrary. 

That no Perticular Association or Consociation 
Shall Intermeddle or take upon them to act out of 
their own limits or precincts in the Affairs of another 
Association or Consociation without their Consent as 
to the Examination of Candidates or any other 
matter tending to disorder and Confusion 

That in Voluntary meetings for Religious Exer- 
cises Endeavours be used that they may not Interfeer 
with the vStated Worship of families or with Civil 
order to the offence of any 



GENERAL CONSOCIATION. 9 

We are Sorry to find that Some Persons are 
gone So far as to withdraw and Separate them- 
selves from the Communion of the Churches, where 
they belong, having taken up an Opinion that their 
ministers are unconverted, whereby we think muc[h] 
uncharitableness is Encouraged, and hard thoughts 
and E[vil murjmurings among Profesing Christ[ians, 
which it is to be wished] might be Remedied by 
Gentle mea[ns, with the meekness and gentlejness 
of Christ and we would Propose 

1 That vSuch places and as many others as See 
Cause would keep a Day of fasting and prayer to 
Seek wisdom and Light from God to teach them 
their Duty and that he would not Suffer Satan to 
get an Advantage against them, nor by any other 
means Suffer the good work of his Grace to be 
hmdred but would PowfuUy carry it on among them. 

2 We would Earnestly Advise y*" Ministers of 
Christ and all Serious Christians to be united in 
Advising those who are under mistakes and preju- 
dices to avoid Such Seperations & Divisions and to 
wait patiently on God for light and Direction And 
that all would be of a patient and forgiving Spirit 
bearing one anothers Burthens and So fulfill the 
Law of Christ. 

And further to carry on this good work, which 
is Begun in the land, and to Remove & Prevent 
whatever may hinder it, We would Recommend it to 
the Several Associations to meet t[ogether] to unite 
their prayers to God for [this purpose, in their next 
stated meeting, or sooner if] they please and in their 
Assistance and Advice to one another that as far as 
possible they all may be One as Christ and the 
Father are One in promoting the great Designs of 
the Redemption of Christ 



lO LAW PAPERS. 

That the Thanks of this General Consociation be 
in Some proper method presented to the Honorable 
the General Assembly in May next for their goodness 
in Countenancing and Defraying the Charge- of this 
Present Convention, and that the Committee Ap- 
pointed to present the Thanks of this Consociation 
to the General Assembly do also Inform by an At- 
tested Copy the Said General Assembly of the Doings 
of this General Consociation. 

All the foregoing Articles and Perticulars were 
unanimously Resolv'd by this General Consociation 
and Concluded with Prayer. 

Test SAMUEL WHITTELSEY Scribe 

A true Copy of y' Original on file 

Examin** p' Samuel Whittelsey Scribe 



GEORGE WYLLYS* TO JONATHAN LAW. 

Hartford, Nov' 27"' 1741 
May it please V Hon 

M' Clark f who (says he) is going for England 
seemes desirous to purchase an iJ"ioo Sterling of the 
Governm'' money there; which was ordered by the 
Assembly in October last to be disposed of, by the 
Treasurer &c, and intimates that your Hon"^ is willing 
he should have it, but did not happen to recollect, 
that the Governors Order upon M' Wilks was neces- 
sary in the Case; as the act shews, he is therefore 
att the Cost of this Express to Obtain such an 
Order; I have enquired of M"" Austin of this Town, 
who made up the Accounts of the Disbursements of 

* See Talcott Papers, I, 211, note {Collections, JV). 

+ Samuel Clark of Milford, plaintiff in the suit against Tousey. See Tal- 
cott Papers, II, .S7, note {Collections J']. 



GEORGE WYLLVS. II 

the Government, relating to the Expedition to the 
Spanish West Indies; and he informs me those Bills 
Cost 450 ^ Cent : Advance, and by good Intelli- 
gence within these few Days from Boston I Learn 
that the best Bills are sold att that lay, if your Hon' 
will please to Advise us, whether it may be best to 
sell an 100" of the money afores*' to this M'' Clark 
att that Advance; and shall think it proper and safe 
to draw an Order upon M' Wilks (with a Letter of 
Advice) to pay him that sum, and Enclose the same 
to me by this Messenger wee shall deliver them to 
M'' Clark when he shall pay us down the Value 
thereof in our Currency according to the Rate afores*^ 
otherwise carefully return the . Order and Letter to 
your Honour, it will doubtless appear to your Honour 
that the Gov' will gett nothing by selling their Bills 
at the price afores*^, if M' Wilks should charge 5 f^ 
Cent for negociating (as I believe he will) and 2^ 
^ Cent for honoring your Order with prompt pay- 
ment if the money should not happen to be Actually 
in his hands, but perhaps they will not sell higher 
for a considerable Time and lying out of the use so 
long already, is no very small matter. 

I am Y' Hon" 
most Obedient 
Humble Serv* 

GEORGE WYLLYS 

To the Hon^''^- JoN'^" Law Esq' 

[Superscribed] To the Honourable Jonathan Law 
Esq' Governor of the Colony of Connecticut Att 
Milford P' M' Jo^ Bigilow 

[Indorsed] Sec"s Letter for M"" Clark's 100" sterling 



12 LAW PAPERS. 

JONATHAN LAW TO FRANCIS WILKS.* 

Pursuant to [an Order of our Assembly in Octob' 
last f You are hereby Ordered and Directed to re- 
ceive of y^ Right honourable Henry Pelham Esq"" Pay 
^Master Gen' &c y'^ Sum of six hundred sixty seven 
pounds three shillings Sterling for y** three Bills of 
Exchange drawn in favour of this Goverment and 
accepted now lying in your hands. six hundred 
pounds whereof you are desired to pay to such per- 
son or persons or y'' Orders as y'' Govern' shall from 
time to time order and direct and you are desired 
to accept of so much of y^ Residue as is sufficient 
to ballance y' Colonies Accounts with you and what 
remains of y'' sixty seven pounds three shillings to 
keep in your hands till further Order from our As 
sembly. 

And further you are hereby Ordered & Directed 
to pay to M"" Samuel Clark of Milford or his Order 
y*" Sum of one hundred pounds out of the afores'' 
six hundred pounds taking his Receit for y*" same 

JONTH LAW Gov« 

Milford Nov'"' 30"' 1741 

To Francis Wilks Esq' 

Agent for y® Colony of Coiiecticutt 

[Indorsed] A Letter and Order to our Agent for 
100" to M' Clark 



*See Talcott Papers. I, 199, note {^Collections IV). 
•\ See Colonial Records, VIIT, 440. 



LEWIS MORRIS JR. 13 

LEWIS MORRIS JR.* TO JONATHAN LAW. 

New York Nov'' 30"' 1741. 
Sir/ 

I thought it my Duty to acquaint you of the 
method taken by the Governour of this Province 
and of the Jersies in granting Commissions to Pri- 
vateers, which is by his Majesties Express orders. 
The Governour issues an order under the broad seal 
of the Province to the Judge of the Admiralty to 
make out a Commission and Instructions pursuant to 
the Kings orders in Council, upon which the Register 
makes out the Commission and Instructions, and fixes 
the Scale of the Court of Admiralty to Them, and 
the Judge Signs them; how far a Commission granted 
Otherwise is legal I Can't Say, I flatter my Self that 
your Honours Knowledge in the Law will induce you 
to take the most regular Steps in things of that kind, 
which was the only Motive of giving your Honour 
this trouble, 

I am. Your Honour's Most 

Obedient humble Servant 
LEWIS MORRIS Jun-' 
Jonathan Laws Esq'' 

[Indorsed] Judge Morris's Letter Nov""' 30"' 1741 



* Lewis Morris Jr., born i6g8, died 1762, resided at Morrisania, N. Y. 
He was Judge of the Court of Vice-Admiralty at New York. His son of 
the same name was a signer of the Declaration of Independence. Dexter^s 
Yale Annals^ Appletoti's Cyclopedia of American Biogi-aphy. 



14 LAW PAPERS. 

THOMAS WENTWORTH* TO THE GOVERNOR OF 
CONNECTICUT. 

Sir 

His Majesty having directed me to use my best 
Endeavours to recruit his forces under my Command 
in his Colonys in North America I have appointed 
Cap' Prescott Lieu* Barker and Lieu* Vryling to re- 
pair for that purpose to your province not doubting 
of your giving them all the assistance in your power 
to levy Soldiers not only for compleating Col' Gooch's 
Regiment but, if practicable, to raise a greater num- 
ber either to fill up vacancys in the two old Corps, 
and in the marines or to form another Battallion as 
it shall be found best for His Majestys Service. 

As I have here no means of supplying the re- 
cruiting officers with money you will, Sir, be pleasd 
to give the aforesaid Captain Credit for such Sums 
as may be wanted for that Service and to draw upon 
the Right Honble Henry Pelham Esq"" the Paymaster 
General for the said use. As to the particular Sums 
to be paid to the said recruiting officer, I referr you 
to his Instructions which he will lay before you. 

All such as shall inlist themselves on this occa- 
sion, will be intitled to the advantages offered by 
His majesty in his Instructions on first raising Col' 
Gooch's Regiment. I don't doubt Sir but you will 
take the proper measures for their being transported 
hither, to support which charge, I flatter myself the 
respective provinces will make a provision as all his 
majestys Dominions in the West Indies are particu- 
larly interested in the Success of this Expedition. 

I beg leave to assure you, Sir, that such young 
Gentlemen as shall give their assistance in raising 

* Wentworth was commander of tlie British land forces in the West 
Indies. IVinsor's Narrative and Critical History, VIII, 2g2. 



THOMAS WENTWORTH. 15 

men and shall be properly recommended, will be 
provided for in the vacancys which may happen in 
Col' Gooch's Regiment. I shal, Sir, have a more 
particular regard to your friends being I am, S' 

Your most obedient 
humble Serv*^ 

THQs WENTWORTH 

Kingston Jamaca 2'' ffebry 1 741/2 

The Honble the Governour of Connecticut 
[Indorsed] Gen' Wentworths Letter Feb: 2 174 1/2 



THOMAS WENTWORTH'S INSTRUCTIONS TO CAPT. 

PRESCOTT. 

Instructions to Cap^ Prescott 2" feb" 1741/2* 

To Cap'' Prescott 

J St You are required Without delay to repair 
to y'' Province of Connecticutt in North America 
Where as Soon as you Land you are to raise as 
Many Recruits for His Majesties Service as you Shall 
be able, With all Expedition. 

2^ In inlisting Men you are not to take any 
exceeding 35 years of age, nor are you to inlist any 
Native of Ireland, unless you have undoubted proof 
of his being Protestant and of a Good Character. 

* Whereas his Honour the Governor has laid before this Assembly 
[May 1742] a letter from General Wentworth and instructions to Capt. 
Prescott from said General Wentworth, referred to in said letter, both 
dated Kingston, Jamaica, 2d February anno Dotn. 1741-2, respecting the 
levying of souldiers for the recruiting his Majesty's forces under the said 
general's command Colonial Records, VIII, 460. 



1 6 LAW PAPERS. 

3 You are to apply to the Governour of Con- 
necticutt for money to enable you to begin and Carrey 
on 3^our recruiting and you may receive from him 
Four Pounds for Each man you Shall have raised 
Deducting the Sum you Shall have before received 
on accompt. 

4 That No Encoragement may be wanting to 
Such Gentlemen as Shall be useful and assisting in 
Carrying on y^ recruiting I Shal, upon those Gen- 
tlemens entering as Volintears in the Service and 
upon your, and proper recommendations of y^ Said 
Governour; provide for Each of these as vacencys 
Shall happen in Col'° Gooches* Regiment. 

5 You are to Subsist Such recrutes as you 
shall raise & to Stand to all hazard of Death or Desar- 
tion till they are actualy Imbark*^ — of which no Less 
than 20 are to be put on board at one time — after 
they Shall be Embark'', they Shall be Subsisted at 
y*" Publick Expence and any Loss by death to fall 
upon the Regiment. 

6 You are as often as Shal be practicable to 
Send accounts to the Commanding Officer of Coll' 
Goochs Regiment to be Laid before me, of y* Num- 
b)er of Men raised from time to time, and What 
prospect there May be of raising More. 

7 vSuch recruits as Shall be raisd & Embarkd 
by you Conformable to y" above Instructions Shall 
prosced from Connecticutt to Jamaica and are to Joyn 
the Army where ever they Shal be With all possi- 
ble Expedition unless you Shal receive orders from 
me to the Contrary. 

8 Lastly You are hereby authorized to Draw 
upon Alex' Wilson Esq"' for What Pay Shall be 

* See Talcott Papers, II, 266 {Collections, V). 



JOHN WINSLOW. 17 

Due to you during your Continuance in North Amer- 
ica on y^ Service of Recruting Copy 

THOMAS WENTWORTH 
[Indorsed] Gen' Wentworths Instructions To Cap' Pres- 
cott (Copy) 

JOHN WINSLOW* TO JONATHAN LAW. 
To The Hon^^^ Jon"' Laiv Gov" drc 

S'' vSome time Since I wrote you f) Lieu' Bar- 
ker who together with My Self & M"" Vryling were 
by Brigadier General Wentworth Sent to New Eng- 
land In order to Raise Recruits and Desirered your 
Assistance to him Agreable to my Instructions & or- 
ders which I Left with his Late Hon' Governour 
Talcot. Am Very Sorrey for the It.f Success he Met 
with in your parts ; & Cant but be of the opinion 
that had the Militia been raised agreable to his 
Desier as in Other Governments he had Met with 
better Fortune in y" vService 

I Must Tharefore Dessier your Hon""" Further 
Favor in these Maters, and that you would give all 
the assistance (for his Maj'^ Service) in your Power 
to Capt Stephen Lee X A Gen" of your Collony in 

•See Talcott Papers, II, 376, and note (ColUctions, ]'). 

•I Perhaps an abbreviation for "indifferent." 

% Stephen, son of Thomas and Sarah (Kirtland) Lee, was born in 
Lyme, Jan. 19, 1698/9. He married, Dec. 24, 1719, Abigail Lord of that town, 
and there his thirteen children were born. She died Sept. 19, 1742, and 
he married, Jan. 25 following, widow Mary Picket of New London and 
removed to that town. He was appointed in 1729 Captain of a militia 
company in Lyme, served many times as a deputy from both Lyme 
and New London, and was a member of various committees appointed 
by the General Assembly. In the expedition against Louisbourg he 
was Captain of a company, and in the French and Indian War he 
served during the campaign of 1756 as Lieutenant-Colonel of the fourth 
regiment and Captain of the second company in that regiment. Colonial 
Records, Caulkins' History of New London, Patterson MSS. 



1 8 LAW PAPERS. 

whome I have repossed trust & Confidence & Im- 
powered to Raise Men for his Majesty in your Gov- 
ernment, & Must Earnestly Press that the Malitia 
may be raised In case M"" Lee Desires it, as ' know- 
ing no other way In the Country Whereby his Maj*^'* 
Service may be Forwarded, and I Presume y^ Collony 
of Conneticut is the only Goverment in his Majestys 
Dominions that has Denyed it. I would also Desier 
that the Twenty Pounds Granted by the (rover- 
ment May be paid to the s'^ M' Lee whose receipt 
for his Maj'^' use Shall be as Vallid as if Given by 
My Self. I am in Hopes to waite on your Hon' 
Before My Leaveing the Country which will not be 
Long first 

Am with Due Regard your Hon" Most 
Obedient Servant 

JNO WINSLOW 

Boston, Feb'^' 4"' 174 1/2 

[Indorsed] Letter from Capt John Winslow Feb: 4*'' 
1 741/2 

FRANCIS WILKS TO JONATHAN LAW. 

London, Febru'' 4"' 174 1/2 
Sir 

I was lately inform'd by M' vSamuel Clarke of 
the Death of the late Gov' J Talcot Esq"", he also 
brought me a Letter sign'd by you, to pay him 
One Hundred Pounds on the Colony Account. I 
shall be very sorry if I have made any mistake in 
desiring M' Clarke to wait for payment till I hear 
farther from you about it. I had not heard of Gov' 
Talcots Death, nor had any Advice of your being 
chose to succeed him, the Letter Gov' Talcot* wrote 



* Talcott's letter to Wilks is in Talcott Papers, 11^ ^54 (Co/Zeiitons, V). 



FRANCIS WILKS. I9 

to me when he sent the Bills on The R^ Hon"'^ 
Henry Pelham Esq"" for £66 j.-},. — orders me to observe 
the Directions of the Government for the Disposal 
thereof, Copy of which Letter I shall be glad you'l 
peruse, & send me the Council & Assembly's Order 
to pay such Drafts & follow such Directions as from 
time to time I shall receive from you. I shall be very 
desirous of recommending my Self to you, & hope my 
Conduct in this Affair won't be taken amiss but 
on y*" Contrary approv'd of by you, which I shall be 
glad to hear, & am 

Hon''^ Sir 
Your most Obedient humble Servant 

FRA WILKS 

The Hon*^'* Jonathan Law Esq' 



FRANCIS WILKS TO JONATHAN LAW. 

London February 12"" 174 1/2 
Sir 

The foregoing I wrote some Days ago but the 
Ship not sailing as I expected gives me Opportunity 
to inform you that upon the best Enquiry I dont 
find that any ^Motion has been made about the New 
Commission, relating to the Affair with y" Mohegan 
Indians." I fancy M' Mason designs to take it with 
him who talks of going with this Ship. I assure 
you nothing therein can be done before the Return 
of that Commission which I hope will be executed 
with care that no Objection inay be made to that 
when it comes here. 



* The warrant for the new commission is dated Jan. 8, 1741/2. Govei-nor 
and Company of Connccticul and the Mohegan Indians. 



20 LAW PAPERS. 

Great Changes are like to be very soon in our 
Ministry here, S' Robert Walpole has quitted all his 
Posts & gone up to the House of Peers as Earl of 
Orford, My Lord Wilmington is head of the Treas- 
ury, many Alterations are soon expected but not yet 
fix'd. I shall write you again by another Opportunity, 
& am with Respect 

W Hon^'^ 
most Obedient Humble Servant 

FRA WILKS 

The Hon^'^ Jonathan Law Esq'" 



THE COLONY'S SECRETARY AND TREASURER TO 
JONATHAN LAW. 

Hartford Feb: 17"' 1741/2 

Afay it please }''' Honour 

Pursuant to the Act of Assembly in October last 
upon the Application of M' Daniel Lothrop- of Nor- 
wich wee have sold to him one hundred pounds 
vSterling of the (rovernments money in the hands of 
M' Wilks, and for the same have this Day received 
of M"" Lothrop the Sum of five hundred & fifty 
pounds New England Currency, which wee suppose 
is att as high Exchange as the best Bills are now 
sold, and so if your Honour pleases an Order or 
l^ills of Exchange may l)e safely drawn in M' L6- 

* Daniel Lalhrop was a physician, surgei)n, and importer of drugs. He 
luul studied in London, and went abroad in 1743 to purchase drugs, medi- 
einus, and other goods. /Kxter's Yale Annals. 



JONATHAN LAW. 21 

throps favour on M^ Wilks, for the said one hundred 
pounds Sterling 
Wee are 

Y' Hon" most Obedient 
Humble Serv*^ 

JOHN WHITING 
GEORGE WYLLYS 
To the Hon'''"^ Jonathan Law Esq'' Governor &c 

[Superscribed] To The Hon'''" Jonathan Law Esq' 
Governor of the Colony of Connecticutt att Mil- 
ford f AT Dan' Lothrop 

[Indorsed] Seer' & Treasurer Letter on Lothropps 
Ace' for loo" sterling 



JONATHAN LAW TO FRANCIS WILKS. 

To Francis Wilks Esq' Agent for y*^ Colony of Coii- 
ecticutt 

Pursuant to an Order of y" Assembly in October 
last att New haven 

Having a Certificate from John Whiting Treas- 
urer and George Wyllys vSec' That AL Daniel Lo- 
throp of Norwitch had purchased of them one hundred 
pounds sterling of y'' Colonies money in your hands 

I do Order and Direct you S' to pay unto the 
s*^ AP Daniel Lothropp or his Order y*" afores'' Sum 
of one hundred pounds sterling of the money lodg'd 
in your hands 

given under my hand att Alilford this 20"' day 
of ffeb"" 1 74 1/2 3 Orders given 

yONTH LAW Gov 



22 LAW PAPERS. 

THE COLONY'S SECRETARY AND TREASURER TO JONA- 
THAN LAW. 

Hartpord March ii*'' 1741/2 
May it please Your Honour 

Wee have sold to Cap* Thomas Hill of Fairfield 
the Sum of Two hundred and Eighty five pounds 
sterling of the Governments money in the hands of 
Francis Wilks Esq'^ in England and have this day 
received of M' Thaddeus Hill therefor the Sum of 
one thousand five hundred sixty seven pounds Ten 
Shillings in Bills of Creditt, which is the Exchange 
att 450 ^ Cen*, and desire (if your Honour pleases) 
that the Gen*" may have an Order or Bill of Ex- 
change drawn in his favour upon M' Wilks accord- 
ingly 

Wee are 

V Hon^^ 
most Obed* 
Hum'^i Serv*^ 

JOHN WHITING 
GEORGE WYLLYS 
To the Hon"'« Jonath" Law Esq^ 

[Superscribed] To the Hon''' Jonathan Law Esq' Gov- 
ernor of the Colony of Connecticut Att Milford 
pr M"- Thaddeus Hill 
[Indorsed] Treasurer & vSec"s Letter on Cap* Hills 
ace* for 285" Sterling 

JONATHAN LAW TO FRANCIS WILKS. 
To ffrancis Wilks Esq' Agent for y^ Colony of Con- 

necticutt 

Pursuant to an Order of the Assembly in Octob' 
last att N. Haven 

Having a Certificate from John Whiting Treas- 



JONATHAN LAW. 23 

iirer and George Wyllys Seer' That Cap* Thorn' Hill 
lias purchased two hundred and eighty five pounds 
sterling of the Colonies money in your hands 

I do Order and direct you S' to pay unto the s*' 
Thorn' Hill or his Order y"' afores'^ Sum of two 
hundred and eighty five pounds sterling of y'' money 
lodged in your hands 

3 Orders given 

JONTH LAW Gov« 

[Indorsed] An Order on our Agent for 100" to M' 
Lothropp and also for 285" Sterling to Cap' 
Thomas Hill 



JONATHAN LAW TO FRANCIS WILKS. 

Yours of Sep' 22 1741 directed to our worthy 
Gov'" Talcott who dec'' in Octob'' last have received 
by w""'' I understand you had drawn y*" money for 
our Bills of Exchange and prudently purchasd South 
vSea Stock to y^ value of 500" &c. Our Assembly 
thinking it a point of prudence to discharge the 
Debt they had contracted on themselves by emitting 
those Bills of Credit for his Maj"" Service Orderd 
six hundred pounds to be sold for that end one of 
w'^'' 100" was accordingly sold to M'' Clark another 
also to M' Lothrop for w''*' I have drawn Orders 
upon your self 

M' Clark is on y'' Prosecution of his Appeal. I 
trust You will not be wanting in doing all that is 
in your Power to prevent a second Determination 
against our Intestate law, fram'd so agreeable to y* 
true State of our Countrey w""'' as yet is but new and 
has populated much faster than neighbouring Prov- 



24 LAW PAPERS. 

inces where Discents have followed y*" Course of y'' 
comon law. I would remind you of the Massachu- 
setts Case which may over ballance Winthropps 
(being of a later Date) if y' foundation of y'" are 
the same Power of Legislation in both Charters are 
restricted to be Not contrary to y'^ laws of England, in 
y® Massachusetts Charter,, a Negative or after Con- 
firmation is reserved in y'^ Crown, in ours a previous 
Confirmation and even a Warrantie is granted to all 
Acts &c done pursuant to y" Authority given by our 
Charter tho my Lord Northey left it out of y^ Recital 
of y'' Authorities in our Charter in y^ Indian One- 
co's Case 

Of what Benefitt could a Confirmation be of the 
Massathusetts law* if their Charter by w'*' they were 
then existing and acting did not authorize them so- 
to do 

Again y" late Act of Parliament determining 
lands to be chargeable with Debts in y'' Plantations 
as Chattells are in y"^ hands of an Adm' gives fur- 
ther Cause to suspect y'^ Case of Leachmer & Win- 
thropp to be poorly managed for the Reason of the 
Case and nature of the thing must be the same 
then as it was at the making y Act of Parliament 
w''' is the very same in Effect as gave Winthrop 
all the Grounds he had for his Complaint in the 
Case 

Certificates from all our Courts of Probats shew- 
ing all y*" Estates in this Colony being settled by 
that law ever since it was made w"'' I take to be 
in 1698, and divided among all the Children from 



• The Massachusetts case referred to is that of Phillips vs. Savage 
Papers in this case are given at length in Massachusetts Historical Soci- 
ety's Proceedings, 1860-1862 (vol. V). See also Talcott Papers, I, 94, note 
{Collections, IV). 



JONATHAN LAW. 25 

y^ very beginning of our first Plantation here to- 
gether with Copies of y* Reasons whereby y'' Distri- 
butions were made, were sent by Gov' Talcott and I 
presume are lodg'd in your hands, that they might 
be ready when Occasion should require 

I hope you will be admitted to be heard in 
favour of y*" Gov* as y* Agent for y"^ Massachuset 
was, since it affects a law of this Gov' tho M"" 
Dumer was denyd 

Particular Customs is one of the Tryangles of 
y* laws of England surely our law is not contrary to 
some of them 

It has been frequently determind in y' Kings 
Bench That y" law of England extends not to y'' 
Plantations, but the law natural takes place there 
when they have none of their own see Salkeds Re- 
ports see Cases from Jamaica, Virginia 

M"" Attorney gen' and Solicitor in y' Opinions 
given to y' Lords of y'' board of Trade and by 
them sent to us for our Instruction on Intaild lands 
in the Plantations say that y law of England takes 
no place in y Plantations unless y' same was made 
there and even then not as y law of England but 
as an Act of y' own Legislature 

And indeed how is it possible in y" nature of 
the thing That that w'' is limited with the four vSeas 
should jump over y'" 

I believe no Instance has occurrd before nor 
since the Case from the Isle of Man w'in an Opinion 
was given in favour of that Conclusion That where 
ever lands are holden under y great Seal of England, 
Discents should always follow y Course of y Comon 
law 

How then should he that claims land out of y^' 
Verge of y'' comon law maintain his claim by it. 



26 LAW PAPERS. 

To root up and destroy a Countrey by applying 
Rules w'*' never directed y" matters of fact in y*^ set- 
tlement of it is an Engine w"'' would destroy all 
humane Society 

Almost every freeholder in y" Gov^ possess lands 
more or less w''' have passt as it were thro the 
Loyns of younger Sons, and would be put out of their 
hands if every eldest ^on might claim by the Rules 
of the com on law of England. And new Countreys 
cant well be occupied or Defended w"'out y'' Assist- 
ance of younger bretheren, who are more numerous 
in proportion than in old Countries ought therefore 
to be encouraged 

M' Winthropp is coming with a Complaint in 
some form or other against a Decree of our last 
Assembly for his payment of y'" money w'''' in his 
Complaint to y" King and Council he declared him- 
self always willing and ready to pay In consequence 
w'of so many Misfortunes have befallen us. 

I doubt not S' of your doing your utmost to 
avoid any further Mischiefs falling on y"' Gov^ on 
that Score 

When any further Stepp shall be taken in Masons 
affairs hope you will give notice of it. M' Sollicitor's 
Directions deserve to be remembered 

Your good Acceptance of your last years Psallery 
will be an Encouragement to be honourable* 

from Your very humble Servant 
J LAW 
MiLFORD March 13"' 1 741/2 

P S I have this day given 3 Orders for y'' 
payment of 285'' to Cap' Thomas Hill 

J L 
[Indorsed] Copy of a Letter to M' Agent Wilks 

March 10"' 1 741/2 



JONATHAN LAW. 2/ 

JONATHAN LAW TO FRANCIS WH.KS. 

When I wrote to you on y^ lo"' of this Instant 
f^ M"" Hill I confess I had not acquainted my self 
with yours of Nov'"' 27"' 1740 to Gov' Talcott just come 
to my hands in which you inform That its a ruld 
Case that on Appeals nothing can be taken Notice 
of, save that w*"'' comes from y*" Records or files of 
the Court where the Tryal was had, so shaped my 
discourse as tho y' same Rule was to be observ'd as 
was given in y late Comission att Norwich w*^'' 
directed to y" hearing any new Pleas Allegations, 
Evidences &c. but in Clark's Case vs Towsy I sup- 
pose y' is nothing of Record or on y' files saving y 
Writt the Plea w'' was general, the Verdict of the 
Jury and y' Judgment. It was my fortune to pre- 
side on that Tryal, and as my Memory serves me 
all matters of fact were conceded to on both sides 
and whether y' eldest Son were Heir at law? was 
all y* Dispute between y Parties, the Plant : alledgd 
That y Comon law of England was the Rule to di- 
rect y' Succession of Inheritances here, and quoted 
a Case out of my Lord Cokes Institutes resolv'd by 
y" Court of Exchequer in Queen Elizabeths Reign 
ab^ y" Isle of Man wherein it was Resolvd That 
lands holden under y' great Seal of England should 
descend according to the Course of the Comon law 

To w''' it was Replyd That y" Comon law had 
its proper Limitts and never extended to y' Planta- 
tions and quoted a Case from Jamaica and another 
from Virginia out of Salkelds Reports wherein it 
was Resolvd in Banco R'' That y" law of England ex- 
tends not to the Plantations unless to an uninhabited 
Countrey and that y' law natural or y* law of 



28 LAW PAPERS. 

natural Equity must be . y'' law there till the King- 
declares his law there. And then alledg'd That K 
Ch. 2'' by Charter delegated to y' Gov' & Company 
an Authority to make any good and wholsome laws 
not contrary to y'' laws of England and said y s'' 
Gov' & Company had made a law called y^ Inter- 
state law and insisted That either that law was in 
force or y law of Natural Equity must take place. 

To w^'' the Plant Replyd That y' Interstates law 
was Vacated and Repeald by y King and Council 
and the law of Nature and Nations did acknowledge 
primogeniture And accordingly the Case was com- 
itted to y'' Jury who brot in y' Verdict as you see 

As for my own part 1 never found out any 
other way of proceeding than this If y Def'' took 
y" gen' Plea in any Case, a Jury was impanelld and 
then on y'' Parties conceeding to all y matters of 
fact layd in the Declaration they proceed imediately 
to debate y Point or Points of law arising upon 
those facts and this alwayes Verboteims and never 
becomes matter of Record neither can it be filed 

So S' you see the Case is plain The Appellant 
Complains That he being eldest Son to his ancester 
is heir at law and is held out of his Inheritance 

He setts himself up to be heir by y' Comon law 
of England. And whether that dos extend here by 
Vertue of its being y' law of England, may (doubt- 
less) be fairly observd and debated without any thing 
more than what comes from y' records and files of 
our Court, and this Comprises y whole Difficulty 
between y'' eldest & younger vSons or other children 

Admitt y'' Comon law of England to be y^ law 
of ye Plantations then none can be made there but 
in such Cases w'"in y' is n > provision in y'' RuIcr 



K'INATHAN LAW. 29 

of that law, for no less Authority than y" Parliament 
can alter y Comon law 

It was no ways suggested in y' Act of y'' 
King & Council in vacating our Intestate law That 
y Comon law was a Rule here directing y Succes- 
sion of Inheritances, wherefore it was Presumption in 
us to make a law for that purpose when one was 
already made to our hands w'*" could not be altered 
by any lower Authority than y' Parliament of great 
Brittain, but y" Suggestion is. that we might make a 
law for that end were it not contrary to y"' law of 
England, w''' is inconsistant with an Hypothesis that 
y law of England is our law. 

And y Report of y Lords of y Board of 
Trade to his Maj^'" was (as I remember) that we 
should by no means be allowed to make a law to 
direct the vSuccession of Inheritances contrary to y*" 
Rules of the Comon law, and whence should that 
Caution be if y Rule was alread}' fixd by y' 
Comon law 

Further my L' Chanceller w" he was King's 
Attorney & M' Solicitor Talbott in answer to a Ques- 
tion in law put by y L'"" of y- Board of Trade, in 
Consideration of our Case on Intaild lands in y'' 
Plantations Whether y heir might be barrd by fine 
and Recovery as in England, gave their Opinion 
That he could not unless y same law were made in 
the Plantation where the land lay and then it would 
not be by force of the law of England but because 
it was an Act of the Assembly where the land lay. 
This y L'^ of y^ Board of Trade orderd M' Popple 
to transmitt to us for our Instruction, and what 
could we learn by it, this only accepted. That y laws 
of Enofland dont extend to us and if we would have 



30 . LAW TAPERS. 

any law of England to be otir law we must make it 
our selves. 

I would further add That y late Case of the 
Massachusetts is a Demonstration of this Principle 
Viz that y'' Comon law dos not extend to y'' Plan- 
tations because, that Rule of y Comon law could 
not have been altered by any lower Authority than 
the King and Parliament of great Britain. Its as 
reasonable to suppose it within y"^ Authority of y 
Assemblies in y*^ Plantations to repeal Acts of Par- 
liament made for the Plantations as to repeal or 
alter any Rule in y Comon law, provided y'^ Comon 
law extends to and is law in y Plantations, 
how then is it possible for my Kinsman * to shew 
himself to be heir at law by that w'*' is no law 
where y Inheritance lyes ? I acknowledge I have 
usd my uttmost Endeavours to perswade our Assem- 
bly to make a law agreeable with y" Comon law, 
(to prevent such Dabates) but could never prevail. 

S' I would only intimate to you, least my other 
Letter should miscarry. That I have signd Orders 
for your payment of lOo" to M"" Clark loo" to M' 
Lothrop and 285" to M' Hill pursuant to an Order 
of our Assembly for y' Sale of 600" in your hands 
to call in y" Bills emitted for his Maj*'"'^ Service. 
And Assure you that I am Your very humble Ser- 
vant 

JONTH i^AW 

MiLFORD, March 24"' 174 1/2 
To Francis Wilks Esq' 

[Indorsed] Letter to our Agent and M"" Hancocks 
March 24 174 1/2 

* Sarah daughter of George Clark "senior ' married Jonathan Law, 
father of Gov. Jonathan. Savage^s Genealogical Dictionary. 



JONATHAN LAW. — JOHN HANCOCK. 3 I 

JONATHAN LAW TO THOMAS HANCOCK. 

Your favour for and faithfullness to this Gov' of 
Conecticutt in taking Care of our publick Letters in 
Gov'^ Talcotts- time and the Pleasure I had in a few 
Minutes Conversation with you att Rhodeisland, em- 
boldens & encourages me to ask y'' Continuance of 
that Care of you at this time and accordingly have 
inclosd to you a Letter to our Agent M"" Wilks I 
subscribe 

Your ffaithful friend 
and humble Servant 
JONTH LAW 
MiLFORD March 24"' 174 1/2 

To M' Thom' Hancocks 



THOMAS HANCOCK* TO JONATHAN LAW. 

Boston April 5'^ 1742 
Hon-' 57 

This Serves to Acquaint you that I Rece'd 
your favour this Day of the 24"' March, with a 
Letter Inclosed for Francis Wilks Esq', which shall 
be Carefully forwarded to him, by a Vessell of my 
Own which I hope will sail in about Six days, & 
will the first Oppertunity that offers & in any thing 
I may be Serviceable to you in, or to your Govern- 
ment, I pray you freely to Command me, & you 

• Thomas Hancock was a prosperous Boston merchant. In his earlier 
years he had been a bookseller and binder. Drake's History of Boston. 



32 LAW PAPERS. 

may depend that your Directions at all Times shall 
be faithfully observed by your Honours 

Most Dutifull & Obed' Hum"^^ serv^ 

THOMAS HANCOCK 

To the Hon^''*^^ JON* Law Esq' Gover' of Connecticutt 
[Superscribed] To The Hon"^''^ JoN^ Law Esq' Gover' 
of His Majes*' Colony of Connecticutt In Milford 
B 2/8 

[Indorsed] M' Thom^ Hancocks Letter April 5"' 



JONATHAN LAW TO FRANCIS WILKS. 

Milford May 3'' 1742 

I have been favourd with yours of y" 4^'' and 
12"' of February last, have looked back on Gov"" 
Talcotts of July 4'*" 1741* in w"' he sais gett y^' 
Bills accepted, draw y' money, keep it for y Service 
of y' Colony as they shall order and direct. Yours 
of 14''' of y' same month- informs that y'' Bills were 
accepted, y' court did not observe his Direction for 
drawing y' money as you will conjecture av" you see 
y"" Act in October.f I was going to put this Copy 
now inclosd into my Letter -^ M' Hill but he said 
it would look too little so I forbore, whether Gov"" 
Talcott proposed to send you attested Copies of y'' 
Assemblies Orders or to have only certified it him- 
self I dont know. I have been Gov'' Talcott's second 
from y' begifiing of his Administration w''' contin- 
ued 17 years but perhapps you might never have 

* See Talcott Papers, 11, 354, 1,62 \Co//ections, V). 

t This Act directs Treasurer Whiting and Secretary Wyllys to sell the 
bills and the Governor to draw his order on Wilks in favour of the pur- 
chases. Colonial Records, I'll I, 440. 



JONATHAN LAW. 33 

heard of me. mine "<P M"" Hill if come to your hands, 
of your Care and Prudence in your Management 
satisfys you of my good likeance. by another in y 
same month by M"" Hancock in his own shipp will 
show you how upon observing yours to Gov'' Talcott 
of Nov'"' 27 1740* I proposd in Clark's Case to shift 
y" vSaddle and instead of taking y'' burthen ' of sup- 
porting our Intestate law to put him upon maintaing 
y'' Extent of y' coihon law into y'' Plantations which 
seemd to me impracticable by w'^'' only his Demand 
can be supported. I have not rec"^ your Duplicate 
"^ Cap* Aves in w'" it seems to me probable by 
what I hear, M' Mason and M' Caher were imbarkt 
& some fear they have miscarryd. great changes are 
in the Court at home, hopefully for y'' better. At 
least what is necessary for us to know hope you 
will inform as you hinted to me in yours of feb- 
Tuary last. 

The Anti-prime-ministerial Comett f which lately 
lias appeard in divers parts of Europe has also 
shown his Tail here, whatever Influence that m.ay 
have We have Occasion to observe as it once was 
in a better Cause :{; That the men who turned y*^ 
world upside down have also come here and much 
Industry has been used to confirm That Opinion Viz 
That temporal Dominion is founded in grace, and 
what y*^ Event will be must wait y^ next weeks 



*See Talcott Papers, II, 312 {Collections, V. ) 

\ This comet appeared in the northeast on the 20th of February and 
remained visible for a month. At this period the appearance of a comet 
was almost universally considered as indicative of some great general calam- 
ity, or political or social overturn. In this case it was thought in England 
to presage the downfall of Sir Robert Walpole who was defeated in Parli- 
ament by the Pulteney coalition in January, and resigned in February. 
Gentleman's Magazine ; Diaiy of AVt'. Daniel Wadszvorth. 

X I. e. The original Puritan emigration. 

3 



34 LAW TAPERS. 

Decision. What good Impreession Whitefield and 
Wessley's extraordinary Missions have upon y" Spanish 
Quarrell should be glad to be informd. If further 
Occasion should offer for my Conversation with you 
by Letters I shall take all Opportunities to assure 
you how much I am 

S"" Your assured ffriend and humble Servant 

JONTH LAW 

P S Two things I have observd in my L'' Nor- 
the3^'s Opinion which laid y'' foundation for Gov' 
Dudley's Court on Owoneco's Complaint.* should be 
glad of your and M"" vSharps thots upon it if y'" time 
be not lapsd for our taking Benefitt by it before y'' 
next hearing, the first is a Suggestion That at y'- 
time of y'' granting our Charter y'' Indian Sachem 
was in full Possession of y- land, so nothing could 
pass by y'' Kings Grant to y'' Gov & Company, 
which if that were the Case surely y'' Instructions 
would have been to settle y'' Bounds between y'' 
Colony and the foreign Prince or Sachemshipp. 

The other thing is. That y'' are in y Recital 
of y' Powers granted in our Charter, no words 
exclusive of her Maj''"' erecting a Court in y'' 
Colony, and that is y'' only Reason suggested by him 
why her Maj*^ might lawfully do it. 

Now if you compare y'^ Recital with the Charter 
3^ou will find these words in y'' Charter besides 
what are recited Viz And these our Letters patent 
shall be to all and every such Officers, Superiors and 
Inferiors from time to time for the putting y'' same 
Orders, Laws, vStatutes Ordinances, Instructions and 



* This court was held at Stonington in August, 1705. See Talcott 
Papers, I, 335 {Collections, IV). 



JONATHAN LAW. 35 

Directions in ^ue Execution against Us our Heirs 
and Successors, a sufficient Warrant and Discharge. 

Had my Lord have putt these words into y'' 
Recital and then said, because y"^ are no words ex- 
clusive of her Maj"" erecting a Court, I must have 
believed on y° Evidence of .his Opinion that these 
words were not exclusive. 

I never understood it to be criminal to plead to 
y'= Jurisdiction of any Court. 

I esteem this y'' greatest Priviledge in our Charter 
and if all that we do be subjected to an Enquiry 
by Gentlemen of neighbouring Goverments our whole 
Administration will be very precarious 

I therefore pray your Advise upon it 

J L 
To F WiLKs Esq'- 

JONATHAN LAW TO THOMAS HANCOCK. 

MiLFORD May 3'' 1742 
AF Hancocks S"^ 

Yours of the 5"' of last month I thankfully Ac- 
knowledge I am obligd to trouble you with y" Care 
of another Letter to Esq' Wilks, hope we shall re- 
ward you for your Care and trouble 

I was not aware of M' Wilks's expecting a Copy 
of y Act of this Gov^ with respect to his disposing 
some money of ours in his hands till I rec^ y'^ Let- 
ter from him you sent me and have now inclosd 
it. 

I remain S'' 

Your very humble Servant 

JONTH LAW 

[Indorsed] Copy of Letters to Agent Wilks & ]VP 
Hancocks May 3*^ 1742 



36 LAW PAPERS. 

MEMORIAL OF PEQUOT INDIANS TO THE GENERAL 

ASSEMBLY. 

To the Honourable General Assembly to be held 
at Hartford the Second Thirsday of may next. 

The memorial of the Pequod Indians in Groton 
humbly Sheweth, y*^ of late we have been much 
concern'd about our souls, & to know w*^ we may do 
to please y" Great God, who we are Sensible is 
very angry with us for our wickedness and drunk- 
enness our Sabbath breaking & idleness & some of 
us we hope have believed on the Lord Jesus Christ. 
But our knowledg is but very little we want to 
learn to read the Bible and to have our Children 
learn to read it too, & thereby learn to know more 
of the Great God & what He would have us 
to do in this world y* we may live with him in 
the next we are thankfull to your Honors for your 
Care of us in appointing men to take care of us & 
our lands from time to time. But those men your 
Honours employed last year tho honest men yet 
they live a great way from us & know very little 
of our affairs «& upon y*^ account are not likely to be 
so beneficial to us. We have been with Cap' Mor- 
gan* & have desired him to declare whether or no 
he would undertake in case the General Court should 
See cause to make choice of him, & out of Love 
to us he says he will in case the Hon : Court Sees 
fit, we having it is to be hoped received much good 
from himself & his son y' is under God, they have 
been beneficial to us, holding meetings with us al- 
most every Sabbath evening to the Conviction 
& awakening of many. 



* Capt. John Morgan ; see Talcott Papers, II, 351, note Collections 
V. His son of the same name, at this time a Lieutenant, was later a 
Captain. A/orgatt Genealogy. 



MEMORIAL OF PEOUOT INDIANS. 



37 



We desire likewise his son may be put in with 
him if the Hon Court please 

we have chose a Schoolmaster who teacheth us 
with no small success & we desire a suitable supply 
for his maintainence 



We the 
Interpreters 
being well 
Acquainted 
with the In- 
dians did 
ourselves 
Interpret the 
above memo- 
rial to the 
Indians y* 
are the Sub- 
scribers to 
this memo- 
rial & made 
y"' fully to 
understand 
the Same 

Groton 
may y'' 5"' 

1742 
Isaac 

Geer in« 
Joseph 
Crosswell 



the mark of Simon o quom X 
y" mark of Charles Skawdawb X 
y*" mark of little George X 
y* mark of George moitume X 
y" mark of Daniel Quoocheech X 
y*-' mark of w'" Tuppenass X 
mark of David Toby X 
mark of Simon Quocheech X 
mark of vSam" OnecoX 
mark of James Chunx X 
mark of Peter Chunx X 
y*" mark of Simon oquom Jun' X 
y** mark of Dan" Quocheech Jun'X 
y'' mark of old Saux X 
y*^ mark of peter Saux X 
y" mark of Sam Saux x 
y^ mark of Long Peter X 
y*" mark of Tom Cocheech X 
y' mark of old Toby X 
y'' mark of John George Jun' X 
y^ mark of Joshua little George X 
y*^ mark of John Canjoe X 
y'' mark of Daniel Nimrod X 
y'' mark of Charles Skawdaub Jun"" X 
y^' mark of W"^ Skawdaub X 
y'' mark of John Chunx X 
y"' mark of Peter Coocheen X 
y'^ mark of Zach'^' Wauquandum X 
y'' mark of Solomon Oneson X 
y' mark of Lewis Asquid X 



38 LAW PAPERS. 

y'' mark of Chaishocom X 

y'' mark of Nezer Cawnump X 

y'' mark of John Mezen X 

y'' mark of Jeffery Mezin X 

y" mark of George Mezin X 

y'^' mark of Rohan Mezin X 

y mark of Cesar Mezin X 

y mark of Little Samson X 

y mark of Robincum linnament X 

y mark of David TomheagX 

y'' mark of Jonas Tomheagg X 

[Indorsed] Memorial Pequod Indians May 1742 



OWEN AND CROSWELL TO THE GENERAL ASSEMBLY. 

Gkoton, May, 6, 1742, 

To the honourable General Assembly to be held 
at Hartford the Second thursday of May, next ; We 
the Subscribers beg leave to Inform Your honours, 

That we dwell Near to, and are well Acquainted 
with the Circumstances of the Pequod Indians living 
in Groton, who have (Not withstanding all Attempts 
to bring them to the knowledge of the Gospel of 
Jesus Christ) Remained in heathenish Darkness, 
Debauch'd in life and manners, and utterly 
Averse to all manner of learning, till about 
Eight months past, they have been Generally much 
concern'd about their Souls Deeply convicted of the 
Dreadful Sinfulness of their hearts, and a consider- 
able Number of them, we trust, have been Savingly 
United to Jesus Christ. There are about 50 who 
constantly attend the preaching of the Word in 
whom there Appears an Uncommon concern 
about theire souls, a teachable Spirit and tern- 



OWEN AND CROSSWELL. — SAMUEL WELLES. 39 

per, and a great Aptness to Receive light and 
knowledge — And they are Generally Reformed as to 
their beloved Sin of Drunkeness, and behave with 
an unusual Sobriety' and Decenc5^ 

Above thirty of them are Much Inclind to 
Learn to Read, and take uncommon pains to Attain 
knowledge, but, their circumstances being So very 
Miserable that they are not (without help) able to 
Get learning ; we would humbly Recommend it 
to Your Honours that Some care for this End 
may be taken of the Miserable Remains of the 
Pequod Savages ; that the blessing of their vSouls 
ready to perish, may come Upon You. 

There are Upwards of an hundred of them in 
This Town — These things we humbly offer to 
Your honours Consideration ; and as in Duty bound 
&c 

JOHN OWEN 
ANDREW CROSSWELL 



SAMUEL WELLES* TO ROGER WOLCOTT. 

Boston, May 13, 1742. 
Sir, 

I have heard your General Court would Prob- 
ably chuse an agent in M"" F. Wilks's Stead pretty 
speedily, I was ready to think it was so supposed 

* Samuel Welles was born in Glastonbury Dec. 24, 1689. He was 
graduated from Yale in 1707 and four years later was ordained pastor 
of the church in Lebanon. In 1719 he married Hannah Arnold of Boston, 
and in 1722 he relinquished his pastorate and removed to Boston where 
he accumulated much property. He was several times a representative 
to the General Court from Boston and seven times a member of the 
Governor's Council. For fifteen years until his death, May 20, 1770, he 
was a Judge of the Court of Common Pleas for Suffolk County. He 
also served on a number of important committees and commissions. 
Dexter'' s Yale Annals. 



40 LAW PAPERS. 

for want of information in the present State of your 
affairs at home, which (in relation I mean to M"" 
Mason's controversy) is but newly come, & which 
I suppose you have or will before this comes to 
hand, hear of, viz^ that a comission has passed the 
Seals for a new hearing of that affair, & what Ser- 
vice an agent can be of, at present, in that affair, I 
cannot see, but if you Should nevertheless appoint 
an agent, & should think it best, to chuse a resident 
in London, M"' Christopher Kilby (whom this Prov- 
ince have appointed agent with M' Auchmuty in 
the controversy with Rhode Island) seems to Stand 
very fair, & was recomende.d to me in the affair 
your son left with me in the winter as a man very 
industrious & well knowing & known at the 
several Boards & offices about Court 

As' the affair of chusing an agent is of consider- 
able weight & must be followed with charges, I con- 
clude notwithstanding what I hear as above, that 
nothing will be done about it suddenly if there ben't 
more occasion for one than I know of, & I hope my 
Interest & Relations among you will excuse my In- 
termeddling in this matter, I am 
Sir 

Your most hum'' Serv' 

SAMUEL WELLES. 
To the Hon''"'' Roger Wolcot Esq' 
[Superscribed] To The Honourable Roger Wolcott* 

Esq-- In Hartford, By M' Cushing. 
[Indorsed] from Sam" Welles Esq' May 15 1742 

* Roger Wolcott, who for several years had been one of the Gover- 
nor's Assistants, was elected Deputy Governor of the Colony upon the 
election of Jonathan Law to the governorship and continued in that office 
until his election as governor in November, 1750. Talcott Papers, I, 123, 
note {Collections, IV), Colonial Records, VIII. 



GENERAL CONSOCIATION. 4r 

THE GENERAL CONSOCIATION'S COMMITTEE TO THE. 
GENERAL ASSEMBLY. 

To the Honourable the General Assembly of the 
CoUony of Connecticut, Convened at Hartford May 
13, 1742. 

May it please yo7ir Ho)wurs 

The General Consociation Convened at Guilford 
Nov'"' 24. 1741.* having- deputed us to lay before this 
Honourable Assembly their resolves, with the thanks 
of this Convention for your great goodness in calling, 
of them there, and defraying the charg of it. 

And we cannot but observe with pleasure your 
great Wisdom & paternal care of these churches- 
and tender concern for their good order, peace and 
Edification therein appearing: and humbly offer the 
resolves of this Consociation, f and with a gratefull 
sense of your abundant goodness the Thanks of the 
Convention to this Assembly — and shall ever pray 
that you may have the presence of god with you in 
all your Consultations: and that these Churches may 

*This General Consociation meeting, "consisting of three ministers and 
three messengers from each particular consociation," was authorized by 
the General Assembly at its session in October 1741, to be held in Guilford, 
"the charge and expence for entertainment" to be born by the govern- 
ment; "this Assembly hoping that such a general convention may issue in 
the accommodation of divisions, settling peace, love and charity, and pro- 
moting the true interest of vital religion, for which there seems to be so 
general a C(jncern among the people of this land." Colonial Records. 

"This is historically (aside from any other significant features) a very 
interesting gathering; as being, under whatsoever variation of name. Con- 
sociation or Convention, precisely the old-fashioned and familiar Synod of 
New England history, and the last one to be called by civil authority." Rev. 
George Leon Walker in Diary of Kev. Daniel IVadsworth. 

+ These resolves are printed beginning on page 5. 



42 LAW PAPERS. 

have paace and vital piety may be yet more and 
more revived in them — and remain your [ ] 

Your humble and obedient § 



MEMORIAL OF NEW MILFORD AND POTATUCK INDIANS 
TO THE GENERAL ASSEMBLY. 

To the Honourable Generall Assembly Sitting In 
Hartford May Anno: Dom : 1742. 

The Humble Memorial of Mowchu Cherry and 
others Hereunto Subscribeing Being Indian Natives 
of this Land Humbly Sheweth, that there are at New 
Milford, and Potatuck the Places where we Dwell 
about Seventy Souls of us, poor natives who are now 
Awakened many of us, to Se A necesity of Being 
Taught the word of God and the Gospell of Jesus 
Christ in order to obtain Eternal Life through Him ; 
and now Humbly Crave the Care of This Assembly, 
that we and our Children may be Taught to Read : 
the English Tongue, and may have Some minister 
appointed to preach the Gospell of Jesus Christ unto 
us; and Instruct us in the Principles of the Christian 
Religion, and we allso Humbly ask as a Deed of 
the Highest Charity to uss that this Goverment will 
Bestow Something upon us to Suport vSome person or 
persons 'in Teaching of uss and preaching to uss: 
that our vSouls may not Perish for want of Vission 
in this Land of Light ; and if its may be a means 
of Saveing any Soul of Uss, the Gospel which 
you are favoured with Assures You that You Shall 
not Loose Your Reward — and your Poor Petioners 



§ The Committee appointed to lay the resolves before the Assembly- 
consisted of the Revs. Samuel Whitman, William Burnham, and Benja- 
min Colton. 



MEMORIAL OF INDIANS. 



43 



have hereunto put our marks in Hartford, may 13*'' 
1742. 



his 

Mowchu X 


his 

John X Cokune 


his 

Cheery X 


mark 


mark 


mark 


his 

Job X 


his 

Pukin X 


his 

Peenees X 


mark 


mark 


mark 


his 

Sam X Cherry 

mark 


his 

John X Sherman 

mark 
his 

Cong X 

mark 
his 

John X Hatchet 


his 

vSimon X 

mark 



mark 



In y*" Lower house, on y' above Prayer Col. 
Jos: Pitkin Mss Jeremiah Miller & M^ Sam" Canfield 
are appointed a Com" To ■ Joyn Such Gentlemen as 
y" Upper house Shall Appoint to Consider of y' 
Matters prayed for in y Above Memoriall, and Draw 
up and Report to this Assembly their thoughts w' 
may be most proper to be done on y" behalf of y*" 
Memorialists 

Test Jn° Fowler Clerk 



In the Upper House Ebenez"" Silliman Esq"" is 
Appointed to Joyn the s" Gen*" of the lower House 
as a Com'"' to Consider of the Matters prayed for in 
the Above Memorial &c 

Test George Wyllys Secret>' 

New M: 30 Souls 
Potatuck : 40* 



*The General Assembly authorized a grant of twenty pounds for the 
Indians at New Milford and twenty five pounds for those at Potatuck. 
Colonial Records. 



44 LAW PAPERS. 

RICHARD WARD* TO COLONY OF CONNECTICUT. 

Newport May 25*'' 1742 
Gentle* 

I Am Directed by the General Assembly of this 
Colony, to write to Your Honours to Appoint a 
Committee on Your part> to Join with a Committee 
already Appointed by this Government, to erect a 
Large And Standing Monument at the Southwest 
Corner of Warwick where it was formerly Agreed 
And Setled by Commissioners on both sides Several 
Years past in order to prevent the borderers from 
perplexing one another And waisting their estates by 
suing one another, in their Respective Colonys, to 
the great impoverishing Themselves And raising Dis- 
putes between the Colonys which this so resonable 
& just a vSettlement will wholly prevent And give 
our fronteers Perfect tranquillity And quietude And 
Maintain An Amicable Correspondence between us ; 
the Committee on our part Appoint the 24*'' Day of 
August Next to meet You at M' James Reynolds^ 
in west Greenwich in order to proceed on s'^ affare 
& will erect a monument at S*^ South west Corner 
of Warwick ex parte, if You Should Neglect to vSend 
a Committee on Your part, as by the enclosed Uote 
of our Assembly, You will find our Committee Are 
the Hon^"'' William Greene Esq'' our present Dep' 
Gov'' — And Daniel Abbot Esq': Your Concuring with 
us herein will Terminate All the Unhappy fuids 



* Richard Ward was born at Newport, R. I., April 15, 16S9 ; died there 
Aug. 21, 1763. Was engaged in commerce. He was Attorney-General in 
1712-1713, Deputy and Clerk of the Assembly in 1714, Recorder from 1714 
till 1730, Deputy Governor from May to July, 1740, and Governor of Rhode 
Island from July 15, 1740, till May, 1743. Appleton's Cyclopedia 0/ American 
Biography. 



RICHARD WARD. — RHODE ISLAND VOTE. 45 

Subsisting between us in profound peace to our 
Mutual benefit And sattisfaction 

I Am Gentl" 

Your Sincere Friend 
And Humble Seruant 
R WARD 



VOTE OF COLONY OF RHODE ISLAND AND PROVIDENCE 
PLANTATIONS, MAY, 1742. 

Voted and resolved, that His Honor, the Deputy 
Governor and Col. Daniel Abbott, be a committee to 
join with a committee to be appointed by the Gen- 
eral Assembly of the colony of Connecticut, in order 
to erect a large monument at Warwick south-west 
corner, in the line between this colony, and the said 
colony of Connecticut, in the same place that was 
settled and agreed upon by committees appointed by 
both said colonies, some years past ;f and that His 
Honor, the Governor, or deputy governor, write to 
the government of Connecticut, desiring them to ap- 
point a committee to meet our committee at said 
place, at such time as they shall appoint ; and if it 
shall so happen, that no committee of said colony of 
Connecticut, do not meet our said committee, at the 
time and place, aforesaid, then they are to proceed 
ex parte, and erect a monument in the place above 
mentioned. 



+ The line had been previously agreed upon by commissioners from 
both colonies, Sept. 27, 1728. Boweri's Boundary Disputes of Connecticut. 



46 LAW PAPERS. 

THE COLONY'S SECRETARY AND TREASURER TO 
JONATHAN LAW. 

May it please Ycuir Hoiioiw 

Pursuant to an Act of General Assembly in Oc- 
tober last directing us to dispose of the six hundred 
pounds sterling- in the hands of Franciss Wilks Esq"" 
belonging to this Government, wee have this Day 
sold to M'' Samuel Talcott* of Hartford the sum of 
one hundred and fifteen pounds of said Sterling 
money att the rate of 450 '^ Cent advance and have 
received of him satisfaction Therefor, which with what 
wee have heretofore disposed of is the whole of said 
Six hundred pounds sterling, and desire if your 
Honour pleases that M' Talcott may have an Order 
or Bill of Exchange drawn in his favour upon M' 
Wilks Accordingly 

Wee are 

Y"" Hon^« 

most Obedient 
Humble Serv'' - 

Hartford June 21^' 1742 JOHN WHITING 

GEORGE WYLLYS 

To the Hon^'"' Jonatrn Law Esq^ Gov^ &c 

[Superscribed] To the Hon'''*^" Jonathan Law Esq' 
Governor &c Att Milford 

[Indorsed] Treasurer and Secr'y Order for 115" Ster- 
ling June 1742 



* Samuel Talcott, son of the late Gov. Joseph Talcott, a graduate 
from Yale in the class of 1733, was a man of wealth and prominence in 
Hartford. He for many sessions represented his town in the General 
Assembly, and for a number of years was sheriff of the county. Dex- 
tcr^s Yale Annals. 



JONATHAN LAW. — DAVID WOOSTER. 47 

JONATHAN LAW TO FRANCIS WILKS. 

To Francis Wilks Esq' Agent for the Colony of 
Conecticutt 

Pursuant to an Order of the Assembly in Octo- 
ber last att Newhaven 

Having a Certificate from John Whiting Treas- 
urer and George Wyllys Secr^ That M'' Samuel Tal- 
cott of Hartford has purchased one hundred and 
fifteen pounds Sterling of the Colonies money in 
your hands. 

I do Order and Direct you vS' to pay unto y*^ 
s'' Samuel Talcott or his Order the afores'' Sum of 
one hundred and fifteen pounds Sterling of the 
money lodged in your hands, there being three 
Orders given &c 

Given under my hand att Milford this 28"' of 
June 1742 

JONTH LAW Gov 
Copia 
[Indorsed] Order On M^ Wilks for 115" to Sam' 

Talcott. 



DAVID WOOSTER* TO JONATHAN LAW. 

New London July y"' 1742 
May it Please your Honour 

I Have Rec'' the Coloney Sloop Defence and In- 

*David Wooster was born in Stratford March 2, 1710/11, and was 
graduated from Yale in 1738. In 1741 he was made Lieutenant of the Defence 
and her Captain the following year. He commanded a company in the 
expedition against Louisburg in 1745, residing in New Haven after his re- 
turn. During the French and Indian War of 1755 to 1762 he served as 
Colonel during four campaigns. At the breaking out of the Revolution he 
was commissioned Major-General and soon after Brigadier-General. He 
served around New York and in the expedition against Canada. At 



48 LAW PAPERS. 

listed Twenty men Officers Included I have also got 
her Grav'd and her Decks and Upper works Cork'd 
which ware very Open & I hope to Git her Ready 
for a Caruze by the middle of next week if need 
Require. Cap' Burnham being Ingaged on a Voyage 
to y" West Indies Cant be Released As I am In- 
form'd to go in the Coloney Sloop therefore I have 
Shipt another man as Master at present I Cant Send 
your Honour a Coppy of my Commission Because it 
Is not Yet Come but Expect it Daly Two Capt"' of 
Vessels Arriv'd here a few Days Ago who have been 
taken by a Spanish Privateer and they Suppose that 
She is now on Our Coast for they were Set att 
Liberty att the Western Islands f and the Commander 
told them that when he had Clean'd his Vessel he 
would Come on y*" Coast of New England they vSay 
also that while they were on Board S*^ Privateer they 
Came on Our Coast to y"' Latt: ot 39*^ 30™ wherefore 
if your Honour Sees fitt to send me out on a Caruze 
In a short time I should be Glad to have Orders to 
Inlist men from your Hon' By the Next Post, 
wherefore haveing nothing further to add I Subscribe 
my Self Your Hon" Most Humb'^ and Most Obed* 
Serv*^ To Command 

DAVID WOOSTER 
[vSuperscribed] To The Hon''"'" Jonathan Law Esq' 
Att Milford Q D C 

[Indorsed] Cap* Woosters Letter July 1742 



the time of the invasion of Connecticut and the burning of Norwalk, 
Fairfield, and Danbury in 1777 he was killed by a British musket ball on 
April 27 while in action against the enemy. Dexter' s Yale Annals. 

The governor probably acted upon the suggestions contained in this 
letter, for three months later Wooster is mentioned as the sloop's com- 
mander. Colonial Records. 

\ The Azores. 



JONATHAN LORD. 49 

JONATHAN LORD TO RICHARD WARD. 

Hon'''' S" 

Yours of the twenty fifth of may- last Came to 
my Hands by the last Post Save one Long Since 
the rising of our Assembly, a Compliance with the 
Proposal of Your Assembly is Impracticable, without 
Calling an Assembly for that very purpose which 
Would be a vast Expence and trouble for So Small 
a Cause. You know Sir our Assembly is large and 
the Members very Remote from one another, Should 
therefore think it adviseable to Defer the Matter till 
our next Session in October is over at which time 
I make no Doubt of a ChearfuU Complyance. I have 
Inclos'd a few Lines to Your Worthy Son M' Thomas 
Ward and Would pray the favour of you to hand to 
him ; Assuring Your Hon' that I am a well Wisher 
to both Gov^' and to Your Self 

I take leave to Subscribe 

Your Very Humble Servant 
JONTH LAW* 

MiLFORD July I'' 1742 

To y= Hon^"^ R Ward Gov-- of Rhodeisland &c 
[Indorsed] Copy of a Letter to Gov"" Ward July i"' 1742 

* Upon this request the Rhode Island Government put off the date 
of meeting until Nov. 24 and informed Gov. Law to that effect. The 
Connecticut General Assembly in October appointed Hon. Roger Wolcott, 
James Wadsworth, and Timothy Pierce as a committee to meet the Rhode 
Island committee, and directed them to take Col. Humphrey Avery, a 
surveyor, with them to assist them. The Committees met on the day 
appointed; Rhode Island having in the mean time appointed a new com- 
mittee consisting of Daniel Abbott, John Fry, and Ishmael Spink. They 
adjourned until the following day when "after a conference and some argu- 
ments used" the committees agreed upon the location of the corner and 
erected a stone to mark its position. Conncctictit Colonial Records,. Rhode 
Island Colonial Records. 
4 



50 LAW PAPERS. 

MOHEGAN INDIAN COUNCELLORS NAMED* 

. It Being Now a Difficult Time with the Tribe 
of the Moheo^an Indians and we beingf Informed that 
Sam'^ Mason and his bretheren are about bringing 
Commiss""' by appointment of the King of Great Brit- 
tain To Redress Certaine Greivances which the s'' 
Mason Informed the King we had Laid or Sent To 
him to Redress all which is falsly alledged by s'' 
Masons and To the End that the Goverment of 
Connecticut may be Vindicated as To their Acts of 
friendship and Justices at all Times Towards me and 
my predecessors and the Tribes and that I may pur- 
sue the best Measures Thereto before the Com- 
missi Court when it Shall Sett I have made Choice 
of the following persons in my Tribe for my Councell 
in this or Any other difficult matter 

viz* Old wombaneage MoHEGAN July i^*- 1742 
Old Jo Py 
Joshua Uncas 

Zacheriah Johnson his 

Joshua Achham Ben X Uncass 

John Uncass marke Sachem 

Sam' Uncass I approve of the above 

Simon Chawchaw Choice of Councellors as. I 

Sam' Py am a Guardian or Agent To 

Samson Achham the Moheagan Indians 

Ephraim Johnson JOHN RICHARDS f 
John Wombaneag 



* This document appears to have accompanied a memorial of the 
Mohegan Indians laid before the General Assembly under date of May 
17. 1743- 

■fSee Talcott Papers, I 131, note {Collections, IV). 



ZACH. BOURRYAU. 51 

ZACH. BOURRYAU TO JONATHAN LAW. 

London July 17'^ 1742 
Sir 

On y® 5*^ Instant my good Friend & Parf Fran- 
cis Wilks Esq'' dyed after a long and lingring Sick- 
ness, but I hope the Affairs of your Province will 
not suffer by it, as I have from time to time at- 
tended M' Solicitor Sharpe (who is esteem'd y'^ 
ablest Man of his Profession) & laid your Letters 
before him, & shall continue to do so, & spare no 
Pains for y" Service of y'' Province of Connecticutt 
till you are pleas'd to appoint another Agent, & 
should I be thought worthy of that honour I will 
readily accept of it & upon all Occasions endeavour to 
approve my Self. 

Sir 

Yo^ Hon" 
most Obedient Servant 

ZACH: BOURRYAU 

[Superscribed] To The Hon^'*^ Jonathan Law Esq"" 
Governor of Connecticutt New England 

[Indorsed] M"" Bourryaus i'' Letter July 17*'' 1742 



ZACH. BOURRYAU TO JONATHAN LAW. 

London July 23'' 1742 
Sir 

I did my Self the Honour to write to you [ ] 
17^'' Curr' ^ Cap" Craigie in answer to your favours 
of ye 13"^ 24"^ March & 3*^ May last to my deceas'd 
Partner Francis Wilks Esq' your late worthy Agent: 
viz* — 



>/ 



52 LAW PAPERS. 

That M' Clark lias been .admitted by the King- 
in Council to an Appeal which the Lords here al- 
ways allow as a thing of course where the Value of 
the Matter in Question exceeds ^300 Sterling, & 
that the Lords of the Committee have appointed the 
Appeal to be heard at their first meeting in Febru- 
ary next, Copies of which Orders would be sent by 
said Craigie in order to be serv'd on M'' Towsey, & 
assur'd you that I should not be wanting in using 
every Endeavour in my power to prevent a second 
Determination against your Intestate Law "-'^ & that 
I will inake the strongest use of the Determination 
in the case of Philips & Savage f by which the In- 
testate Law from the Massachusetts was supported. 
But that I should have a great difficulty to encounter 
y"" Determination of y" Council in y'' Case of Win- 
throp & Lechmere, for tho' M"" Lechmere's Cause 
was very weakly & poorly manag'd, yet the Order 
made upon it was a Judicial Determination of the 
Council Board, which it will be extreamly difficult 
to overturn upon a subsequent Case. But I will 
omit no Endeav" to do it & am not without some 
hope of succeeding in it, & you may depend on my 
making proper Application to be heard on the Be- 
half of the Government of Connecticutt, to get the. 
Intestate Law restor'd & for that purpose I shall 
make the proper use of the Certificates from the 
Court of Probates sent over by [ ] Talcott, & 
which are all in our Solicitor M' Sharpe's hands 
who will exert himself in y'' Service. That as to 

* The determination against the Connecticut intestate estates law- 
was the decree by his Majesty in council dated Feb. 15, 1727/S, in the 
case of Winthrop vs. Lechmere. See Talcott Papers, I, 94, note (Co/- 
lections, IV). 

\ See page 24. 



ZACH. BOURRYAU. 53 

y'^ Opinions of the Attorney & Solicitor General 
you mention & y- reasonings you ground upon 
them, I fear you are mistaken, for I think (& so does 
M' Sharpe) that those Opinions are confin'd to y 
Statute & do not extend to the Common Law of 
England, for that it has always been understood 
here that the common Law of the Land extends to 
all our Plantations, & that the People there are 
equally intitled to it as the People here, as their 
common Birthright, & that all y'' Acts of Parliament 
pass'd here Prior to the Settlements in America ex- 
tend there, But no Act of Parliament pass'd here 
subsequent to y' said Settle[ ] bind or affect the 

Plantations unless they are particular[ ]med in 

them, & that this is y" Distinction taken & laid 
down in the Opinion of the Attorney & Solicitor 
General as well as in y'' Cases mention'd in your 
Letters. But if M' Winthrop makes any such Com- 
plaint as you mention or any other that may affect 
y'' Colony I will give it my utmost Attention & use 
every Endeavour in my power to defeat him in it. 

With Regard to M' Mason's Application in rela- 
tion to the Rights of the Mohegan Indians nothing 
more can be done here in that Affair till a Return 
is made from Connecticutt of the last Commi-ssion,* 
but upon such return I will make y° proper use of 
your Observations on y ' Charter (w'"'' are very good) 
as well as of every thing else, that may tend to the 
clearing up of that Affair in which I have no doubt 



* " The last Commission," here referred to, is that given under the 
great seal of Great Britain and dated Jan. 8 in the fifteenth year of the 
reign of George II [1742], by which a Court of Commissioners was ap- 
pointed to reopen and review the controversy between the Governor 
and Company of Connecticut and tlie Mohegan Indians, who were rep- 
resented by John and Samuel Mason, their guardians. 



54 LAW PAPERS. 

but that I shall be able to support and maintain y*" 

just rights of the Colony. 

I also made a tender of my Service to be their 

Agent in y^ room of my Deceas'd Friend, which 

should esteem a very great honour. I likewise made 

a tender of mine & M' Schaffer's Service to yo' Hon"" 

& friends in y'' merchantile way, & inform'd you your 

Drafts on our late Partner F. W : were duly honotir'd, 

& with very great Respect, I am 

Sr 

Yo^ Hon^* 

most Obedient Servant 

ZACH. [BOURRYJAU. 

The Hon^''^ Jonathan Law Esq'' 

[Indorsed] M'' Bourryaus Letter July 23 1742 

THOMAS FITCH TO ROGER WOLCOTT.* 

NoRWALK July 27: 1742 

I have been to New York Even a Second time 
(the first time I went y"' attorneys were gone to 
Albany) I have Retained M' Murray and M"" Smith f 
and one at Least to attend y" Court Extraordinarys 
Excepted, M"" Alexanders;*: opinion I could not have 

* Wolcott, Fitch and Joseph Fowler were among those appointed Agents 
of the Colony in the Mohegan case by the General Assembly in Ma,y, 
1742. Colonial Rccoi'ds. See also Talcott Papers, II, 184, note {Collec- 
tions^ /'). 

+ William Smith was born in England and came to America about 
1715; was graduated at Yale in 1719; was a lawyer of prominence in New 
York. He was for a year attorney-general and advocate-general, later 
he was a member of the council for fourteen years and an associate 
justice for six years. Apple ton's Cyclopedia of American Biography. 

% James Alexander was born in Scotland and came to America about 
17 1 5. After serving as surveyor-general of New York and New Jersey he 
studied law and became eminent in the profession in New York. He held 
many public offices, served in the legislature and council, was attorney- 
general and secretary of the province. Apple ton's Cyclopedia of American 
Biography. 



THOMAS FITCH. 55 

because he is one of y'' Jersy Council therefore I 
Retained M"" Murray, Mason has been with both those 
attorneys to Engage them but failed, things seem at 
present to Look Something favourable, tho when y'' 
court will Set and where and who will attend I can- 
not yet tell but I have Laid in with those Gent, 
and Col. Morris to use their interest in those points 
in our favour, its tho't that the Court will be in 
September but its uncertain. Mason has Left y- 
Commission with M'. Horsemenden of which he has 
promised a Copy and I conclude our Council have 
it & I expect one this Day. Our attorneys at York 
could not give me much of their advice for want of 
a State of y'" Case at Large and therefore insisted 
upon it y' Should be Prepared and Sent them as 
Soon as May be therefore you will Either trust me 
to Draw it and then I must have those papers at 
Hartford which we had in May which I have not 
Received as well as others or Else I conclude Your 
Hon"" will order M' Fowler to meet me at New Haven 
or some other place to assist, for he knows y' case 
better than I do Else we must all meet about y'' 
Matter which your Hon'" thinks best. I would there- 
fore pray you as soon as may be to take y'' proper 
care in one of these or Some other way for y'' Draw- 
ing a State of y" case for not much time may be 
Lost. I am with all Due Regards to your Hon' your 
Hon'' most 

obedient Humble 
Servant 

THQs FITCH 
The Honourable Roger Woolcot Eq"" 



56 LAW PAPERS. 

J03IAH WILLARD* TO JONATHAN LAW. 
Sir 

His Excellency our Governour directs me to ac- 
quaint your Honour with a notable Discovery made 
here, of a Quantity of unsigned Counterfeit Bills, in 
Imitation of the Bills of your Colony, which with the 
Plates from which they were struck we seized in the 
Hands of one Robert Neal, who is committed to Goal ; 
A Specimen of the Bills is herewith inclosed 

His Excellency orders me likewise to inform your 
Honour, that he has Advice of two Spanish Privateers 
erasing on the Coast of New York ; Upon wh''' he 
has ordered out the Province Snow to go in Quest of 
them. 

I am Sir 

Your Honour's most obedient 
humble Servant 

JOSIAH WILLARD 

Boston Aug* 26, 1742 

[Superscribed] On his Majesty's Service To the hon- 
ourable Jonathan Law Esq' Governor of the 
Colony of Connecticut at Milford B 5/4 



THOMAS HANCOCKf TO JONATHAN LAW. 

Boston vSepf 20"' 1742 
Hon^ Sir / 

Inclosed you have what you Desired me to procure 
of M"" Waldo, Likewise a Letter I Rece'd from London 

f 

* Willard was at this time Secretary of the Colony of Massachusetts, 
See also Talcott Papers, I, 59, note {Collections, IV). 

\ See Talcott Papers, I, 373, note (Collections, !V). 



. THOMAS HANCOCK. 57 

Since you left Boston, And Suffer me S'' once more 
to Recommend to you Christ" Kilby Esq'" as a very 
Suitable person for you Agent at the Court of Great 
Britain. I have a letter from him by the last Ship, 
wherein he writes me Viz. A Dispute is Like to 
come on upon the Intestate Law of Connecticutt, at 
the Suit of one Clark who has obtained an Order of 
Council for an Appeal. I Really think it very Neces- 
sary that you have some proper person Imediately 
to Appear for you there, & one advantage you'l have 
in the above Gent" which you cant have in any one 
Person that its likely you may Choose, & that is 
this, he is well acquainted in affairs at Court as he 
has been Several Years Employed in the Agency 
for us, Knows how where & [ ] to Apply, & can 
do it with much less Expence to [ ] any 

other Gent" who has not had the Same Experience 
in the Same Employ, & much Greater Probability of 
Success, and I will be bold to say no one person will 
attend your Commands wit[ ]e Industry, faithfuU- 
ness and Integrit[ ] I Conclude Hon*^ 

S[ ] with offers of [ . ] 

[ ] most Obed' humble 

Serv' 

THOMAS HANCOCK 

To The Hon^''^' JoN^ Law Esq"" Gov'' of Connecticutt 

[Superscribed] For The Hon''"' Jonathan Law Esq"". 
Boston 26/8 

[Indorsed] M' Hancocks Letter Sept* 20 1742 



58 LAW PAPERS. 

BENJAMIN COLMAN* TO JONATHAN LAW. 

Boston, Sept. 23. 1742 
Sir, 

It was an agreable Hour I had with your Honour 
at Boston ye last Week ; I hope this wil find You well 
at Home & in your Government. Since you left us we 
have the News from London of y*" Death of M'' Wilks, 
your & our Agent. I have a Letter from D'' Ben- 
jamin Avery f (Doctor of Law) Chairman of ye Com- 
mittee for the dissenting- Churches, which gives me 
ye following Account of M' Eliakim Palmer :{; Merchant 
in London, a most worthy Son of New England ; 
which I think it my Duty to communicate to Your 
Honour, to use as you shal think Good for the Service 
of Your Colony, whose Weal I have at Heart next to 
that of our own Province. 

* Rev. Benjamin Colman, iDorn in Boston, ' Mass., 1673, died there 
1747. After graduating from Harvard he spent four years in England, 
where he became acquainted with many non-conformist divines. Returning 
in 1699 he became the minister of the newly formed Brattle Square Church 
in Boston, and so continued until his death. He was a man of standing 
and influence, and both himself and his church were very liberal in their 
religious views. Appleton''s Cyclopedia of American Biography. 

+ Dr. Avery was originally a presbyterian minister, but quitted the 
ministry and practiced medicine. He was prominent among the dissent- 
ers. Dictionary of National Biography. 

% Eliakim Palmer, born in Boston March 22, 1707/8, and baptized the 
28th of the same month at the church in Brattle Square, was son of 
Thomas Palmer and his wife Abigail Hutchinson. Thomas was a me»- 
chant and one of the founders of the Church in Brattle Square. Abigail 
was daughter of Eliakim Hutchinson, who was a resident of Boston, al- 
though born in England, and a cousin of Col. Elisha Hutchinson. Eliakim 
Talmer was at this time one of the three Massachusetts agents for the 
proprietors of the New Hampshire townships ; was also acting for Jonathan 
Belcher Jr. and Col. John Vassall. Massachusetts Historical Society, j Collec- 
tions, I" I, and 6 Collections VII: Boston Record Commission, 24 Report ; 
Saz'age's Genealogical Dictio7iary ; Records of the Church in Brattle 
Square. 



BENJAMIN COLMAN. 59 

D' Avery's Letter to me bears Date, May. 3. 1742. 
& the Paragraph respecting- to M' Palmer runs thus, 

" I have an intimate Acquaintance with M"" Pal- 
mer, and shal alwayes endeavour to cultivate a partic- 
ular Friendship with him. I very much value & es- 
teem him, & think him truly concern'd for the Pros- 
perity of New England ; & so situated as to be able 
to promote it beyond any other Person whom I know 
in this Country. He is happy in the Confidence of 
the Dissenters, & allyed to Families ,'that must have 
Weight here, whatever Change may be in the Ad- 
ministration — " If M"" Palmer were your Agent, or 
any Gentleman like minded & qualify'd, if any such 
there be, I shal very readily throw in any little 
Weight I might at any time be tho't to have, & assist 
him to ye utmost of my Power in promoting ye Inter- 
ests of your Churches & College, & securing the civil 
& religious Rights of your Country." 

Sir, I ought further to inform your Honour that 
M'' Palmer is one of ye Committee for ye Churches, 
whereof D' Avery is the Chairman ; whose Weight 
with ye Ministry at Court must be therefore alwayes 
estimated from that of ye Body of y*^ Dissenting 
Churches, whom he & ye Committee represent, in all 
their Applications & Representations ; & the Weight of 
that Body is with the Court & Ministry in proportion 
to their Influence in the Election of Parliament Men. 
So that D'' Avery's Access to ye Ministry at ye Head 
& in ye Name of ye Committee is ever easie & their 
Weight with them very great. 

I beg your Honours Pardon for ye Length & 
Liberty I have run into ; & that you may be long con- 



6o LAW PAPERS. 

tinned a great Blessing to your Country, is the Prayer 
of 

Your Honours most humble & Obed' Servant, 

BENJAMIN COLMAN. 
Gov'' Law. 

[Superscribed] For the Honourable Jonathan Law 
Governour of the Colony of Connecticut. Postpaid 
H : Venner 

[Indorsed] Doct' Colmans Letter Sep' 23 1742 



THOMAS WENTWORTH TO THE GOVERNOR OF CON- 
NECTICUT. 
Sir 

His Majesty having Signify'd to me That it is his 
Pleasure That The Expedition Design'd by his Land 
forces, against The King of Spain's Dominions In 
south america ; Should be putt an End to, and That 
The Regiment Commanded by Coll Gouch, Should 
be Immediately Reduc'd, & That I Should Send back 
To north america, all such vSoldiers of That Regiment, 
as do not Choose To Remain here In The Plantations, 
or to Serve In Companys on board The Fleet. I have 
Taken The best measures In my Power for Executing 
The above orders, and accordingly have Dispatch'd 
Transports To The Ports, from whence The Soldiers 
may be most Conveniently Dispersd To Their Re- 
spective habitations ; Every man having Received his 
full Pay to October The 24''', his firelock, and The 
Cloathing of which he was Possesst, at The Time of 
his Reduction, according To what, his majestie was 
Graitously Pleasd To Promise, at The first Raising 
The Regiment. 



THOMAS WENTWORTH. — INDIAN CLAIMS. 6l 

As Some of The men will Probably arrive feeble 
& Sick, I beg Leave Sir, To Recommend To you. 
That They may be Commodiotisly Conveyd To Their 
Respective habitations, as men who have undergone a 
good Deal of hazard, and hardships. During The 
Course of Their Service In This Part of The World 

I am S' 

Your most obedient 

humble Serv*^ 

THQs WENTWORTH 

Kingston Jamaica October The 15*'' 1742 

His Excellency the Governour of Connecticutt 



REPORT OF committee OF THE GENERAL ASSEMBLY 
ON INDIAN CLAIMS AT SHARON. 

To the Honourable General Assembly of his 
Majestys Colony of Connecticut Setting in New Haven 
in October A Dom 1742. We the Subscribers your 
Hon" Committee appointed at your Sessions in May 
Last to Enquire into y" Claims made by and purchases 
made of y° Indians in y towns of Sharon and Salis- 
bury &c. humbly Reports. 

That pursuant to your Hon""^ appointment on y*" 
memorial of Peter Pratt and others agents of Sharon 
and Neguntemauge and other Indians Living in or 
Near Sharon we (having first Notifyed y*" partys Con- 
cerned) Repaird to the town of Sharon and on the 
13"' and 14*^ Days of this instant October proceeded to 
Enquire into the Several matters Refered to in S'' 
Memorial and the Several partys Concerned being 
present and having interpreters both of English and 
Indians we were informed by Deeds and witnesses 



62 LAW PAPERS. 

and would humbly Report to your Hon'' that we find 
that one IMetoxson alias CoUonel alias Corlow is al. 
lowed by all to be y" Chiefe Sachem of the Indians 
in those parts and that he and his tribe or Nation are 
the Claimers of those Lands not Sold and also Claimed 
and Sold all y' have been Sold there about. 

That the S'' Metoukson and other indans in y° 
year 1726 Sold to Richard Sacket & Company all y" 
western part of Sharon within about two Mile of 
Ousatunnuck River Little more or less and y"' vSouth- 
west Corner of Salisbury which Sale Some of y*^ In- 
dians who Signed y- Deed being present owned to be 
honestly Made. 

That afterwards viz. 26"' of octoV 1738 the S*^ 
Metauxson and other Indians by agreement with and 
for Eighty pounds &c Rec'' of Thomas Lamb Sold to 
y'^ Gov' & Company the township of Sharon Except 
One Mile at y*" South End which Deed and bargain 
Several witnesses Declared was fairly Made and well 
understood by y'' Indians. 

That in Feb''" 1738/9 y'' S'' Thomas Lamb pro- 
cured another Deed from an Indian of that tribe 
as we understand who is Sometimes Called John 
Sometimes Nauness &c to y° Gov' & Company for one 
mile across at y"' South End of Sharon for Nine 
pounds. 

That by Sundry Deeds to Diverse persons given 
by some of y' tribe of Indians the township of Salis- 
bury has been purchased Except about (as Near as we 
could guess) two mile Square at y*" North East Corner 
and this Seemed to be Generally agreed to both by 
the English and Indians 

and Concerning the S*^ North East Corner we find 
that y*^ Deed to Knowls and Henman Describes the 
Lands Sold by Certain Natural Monuments as ponds 



INDIAN CLAIMS. 63 

Mountains &c in which Description y*" S** North East 
Corner is not contained but then the Lands are again 
bounded by General boundarys viz. North by y' Massa- 
chusets East by the River &c : which includes y'' Land 
at y'' North East Corner but its Generally declared both 
by English and Indians that they have always under- 
stood and now believe y^ Corner was Never intended 
to be Sold neither was it Ever honestly Sold on which 
we are of Opinion that its most probable y' y*" S'^ Cor- 
ner never w^as intended to be Sold therefore we think 
the Indians who are Generally allowed to Claim y* 
Corner and for whom as y*" Indians Say y"' S'' Corner 
was intended to be Left when y"" other was Sold 
Should be quieted by giving y"' Some Consideration 
to Resign their Claim which Umpechenee on their be- 
half Declared they would Do for Sixty pounds & 
not Less 

And concerning the Northwest Corner of Sharon 
we find it all to be Sold and included in y'^ af ores'* 
Deed to vSacket and y* Procured by Lamb. Yet from 
Indian Evidence only we are informed y' the Indians 
did and do Now think they might & may Live there 
and the people of Sharon are willing they Should Live 
there if an Equivalent is given whereupon considering 
y'' Circumstances of those Indians we think it might 
be well to allow them about fifty acres of Land to 
Live on which appears to be a sufficiency and that 
on the proprietors of Sharon Securing y'^ Same to 
them an Equivalent of about two acres for one be 
given Sharon at y*^ South End of their town they 
purchasing the Same of y*^ Indians if not already 
Done. 

As to y*" Mile at y'' South End of Sharon com- 
plained of we find Little or Nothing worthy of Notice 
about it. 



64 LA\Y PAPERS. 

Wherefore upon the whole Seeing the Indians De- 
sire to Live there and have made improvement where 
they Live &c. we therefore Recommend it to Your 
Hon" to quiet and favour those indians as afores'^ and 
Considering they are as we were informed Disposed to 
be instructed in the Christian faith we think it 
might be well to make Some provision for y*- purpose 
their number being 13 males fifteen females adult and 
17 Children fourty five in all 

and further y^ one Possaunee who on some En- 
couragment given him y'" Committee for Laying out 
Lands in Salisbury that they would Endeavour he 
Should have two blankets Resigned a Considerable im- 
provement he had made and Lived upon in Salisbury 
Should be considered and Made Easy accordingly. 

and upon the Matters afores*^ being Setled we con- 
clude the Lidians will be Easy and peaceable & friend- 
ly and we hope comfortable Neighbors and friends 
and probabl}^ Christian Brethren all which is most 
humbly Submitted to this honourable Assembly by 
your Honours obedient Humble Servants 

THQs FITCH 
New Haven OctoV 23'' DxVN^l EDWARDS 

1742 ROBT WALKER 

In y*" Lower House the Above Report Read and 
Approved And y* A bill in form be Drawn y''on Ac- 
cordingly 

Test Jn" Fowler Clerk 

Concur^ in the upper House 

Test George Wyllys vSecret^' 

[Indorsed] Report of y"" Committee About Indian 
Claims & Sales &c in Sharon & Salisbury Octob"" 
1742 p 1 H p u H Bill past En'' 



JONATHAN LAW. 65 

JONATHAN LAW TO THE HOUSE OF REPRESEN- 
TATIVES. 

To J/' Speaker and House of Representatives 

I hegg leave to represent to you That according 
to my Computation y' Sum heretofore allowd me for 
my Psallery dos scarcely or very little more than 
Ballance y° addional Expence arising from y*" hon'^'''' 
Post you have advanced me to, and yet I am insensi- 
ble of any Extravagancy I have run my self into, and 
having lately sustaind very considerable loss in my 
own Estate am not so able to serve you so well att my 
own Expence. - 

I would also putt you in remembrance of y'' two 
hundred '^ annum allowd to y^ late worthy Gov'' Sal- 
tonstall in y*" beginning of his Adm° was full as good 
as our new money and as y*" Colony is considerably 
increast so is y'' business of it. 

The publick Affairs draws my attentions so con- 
stantly and steadily as to break off my Meditations and 
concernments from any profitable Improvments in my 
own private business 

However I shall acquiesse in your wise, prudent 
and just Consideration 

JONTH LAW 
N. Haven, Oct'"" 28"^ 1742. 

[Superscribed] To Maj"" Burr Esq' Speaker 



* At this time Governor Law's salary was £60 every half year in new 
tenor or its equivalent in old tenor. At the next session of the General 
Assembly it was increased to ;f 70 every half year. His half year's salary 
as Deputy Governor granted in May, 1741, was ^30 new tenor. Colonial 
Records, VIII. 



^ LAW PAPERS. 

JONATHAN LAW'S INSTRUCTIONS TO ELIAKIM PALMER. 

[These Instructions are printed in Talcott Papers, 
II, 489-494 {^Collections, V). Eliakim Palmer of London 
was appointed Agent for the Colony of Connecticut in 
October, 1742, and at the same time was directed by 
the General Assembly to "apply to Messrs Parris and 
Sharp, solicitors, if free and not engaged' otherwise, to 
obtain their or one of their assistance, or other coun- 
sel learned in the law, to assist and' defend the said 
Thomas Tousey against the said Samuel Clark in the 
case aforesaid, in the most vigorous and best manner 
they possibly can. " The Instructions must have been 
sent late in October or early in November, 1742. The 
copy preserved is in the same handwriting as that of 
the " further Instructions " mentioned in Law's letter 
to Palmer of Nov. 18, 1742, in which letter he men- 
tions the Instructions in Clark's case that he had pre- 
viously drawn. The Assembly at its previous session 
in May voted to loan Mr. Tousey five hundred pounds, 
new tenor, payable in four years, to aid him in the 
defense of this suit. Colonial Records, VIII, -/Oj, jo6.~\ 

JONATHAN LAW TO ELIAKIM PALMER. 

MiLFORD NOV^'" 18"' 1742 

There is lodgd in y hands of M"" Wilks or those 
that represent him 70" odd some Disburstments being 
deducted, y'' ordering w''of into your hands was 
slippd by our Assembly but doubtless will be ready 
and in y' next Sessions will be rememberd 

I have enclosd herewith the iVcts of our Assembly, 
Letters of Procuration and some further Instructions 
in Clark and Towseys Case w''"' you will use as you 
think proper, as also a Letter from our hon'''*" Dep : 



JONATHAN LAW. 6^ 

Gov Woolcoott with a Power of Attorney to demand 
some Arrears &c due for y*" Service done for his Maj''' 
by Cap^ Newberry- in y'' Spanish West India Expedi- 
tion whose Relict is Daughter to his Hon'' Who gives 
his Service to you and will take it as a great favour if 
you will under[ ] and effectually pursue it 

Not doubting S' of your constant and vigilant Care 
of all Affairs relating to this Goverment I subscribe 
Your most humble Servant 

J L 

P S since I drew nstructions in Clarks Case I 
have seen Copies of y'^ Records and observe y"" was no 
Concessions made of y*" matters of fact 

Upon which I would again observe to you That 
wherever the Rules of the Coihon law take place, ad 
Questionem facti respondent Juratores non Judices, 
how unaccountable will it be then to say y*" Comon 
law extends here to make y° Eldest Son Heir and not 
to make the Jurors, Judges of the fact and of Titles 
of land. This very Appeal shows to a Demonstration 
That we are out of y'' Verge of y'' Coihon law such 
an Appeal from Westminster would at once be rejected 
why! because the Tryal was within the Jurisdiction of 
y® Coihon law qui sentit omus sentitire debet et 
Commodum 

I have also inclosd to you a Letter to D"" Avery^,. 
to whom you will offer my most humble Service, as: 
also to M"" Bourryan who has taken y^ Care of our Af- 
fairs since y'" Decease of our Agent M' Wilks 

To Eliakim Palmar Esq"" 

• Roger Newberry married Aug. 24, 1727, Elizabeth, eldest daughter of 
Roger Wolcott. He was Captain of one of the Connecticut companies in 
the expedition against the Spanish West Indies in 1740-1741 ; was present 
when the English were repulsed before Carthagena and died May 6 during 
the return voyage. Dexter' s Yale Annals j Wolcott Metnorial. 

See Talcott Papers, II, 87 {Collections, V) for note upon the suit of 
Clark against Tousey. ^ 



68 LAW PAPERS. 

JONATHAN LAW'S INSTRUCTIONS TO ELIAKIM PALMER.* 

The King and Council in Winthropps Case did 
not fault us for presuming- to make a law to direct 
the Succession of Inheritances, when the Coihon law- 
had fixt it, but for making it contrary to the laws of 
England, neither did this Question Ever arise in the 
Debate and was Conversant ab* another matter viz. 
y'' Sale of lands by an Administrator for payment of 
a Just Debt 

But the late case of Phillipps & Savage does 
Clearly Demonstrate that the Coihon law did not Ex- 
tend into y'' Massachussetts for the Comon law cannot 
be Altered by any lower Authority than the Parlia- 
ment of Great Brittain, not by y" Massachussetts 
Assembly 

S' I cant conjecture why M' Sharp (if it was he) 
in Clarks .appeal Relates over the Story about the 
Probats Since he dont at all rely upon it unless to 
draw us into the Difficulty of Supporting our Intestate 
law w"'' I take to be vSomewhat more Difficult than 
to withstand the Demandant in what he must be able 
to Shew and maintain the Matter of fact and the 
Extent of y'' Common law which Desire you to be 
aware of in this Case and let your Answer to it be 
only by way of Protestation. 

For y" Defend*^ never Sett up his Title but Stood 
tip[ ] his Defence on y'' Gen' Plea and M'" Sharp by 
M'' Wilks has Inform'd us that we Could take no 
Benefitt by our Certificates and Records from the 
Probats Unless they had been given in here upon y*" 



* Although this document is unsigned it should undoubtedly be cred- 
ited to Gov. Law, as it is in the same handwriting as several others bearing 
his name, probably a copy made by a clerk; and it is doubtless the "fur- 
ther instructions" mentioned in Law's letter to Palmer of Nov. i8, 1742. 
The indorsement is in the handwriting of the elder Gov. Jonathan Trumbull . 



JONATHAN LAW. 69 

Tryal. Yet I hope they may be Admitted to Show 
y* y'' Coiiion law was never reciev'd here as y® Rule 
of Descents of Inheritances, for it tends to Break up 
all our Settlements and Defeat all the Honest Pur- 
chases that have been Made this Hundred Years and 
turn men out of y'' Possessions w''' have been made 
Valuable by y"' vSweat, Industry, Expence and Toil of 
them and y' Ancestors, but I leave all to be Im- 
prov'd in Such Manner as you and your Council who 
better Understand y*" Scituation and State of Affairs 
where you are to Mannage than I can have any pre- 
tence to at this Distance 

MiLFORD in Connecticut Nov^"' 1742 

To Eliakim Palmer Esq' Agent for Connecticutt 
[Indorsed] Instructions in Clark v' Tousey's Case 

Intestate Law 1742 



JONATHAN LAW TO BENJAMIN COLMAN.* 

Rev" S' 

Yours of Sep* 23'^ I rec'' and layd before our 
Ass[ ] with all y'^ Success that could be desired 

and nothing now re[ ] but y" returning Thanks for 
your Information and asking y'' fa[ ] of your 

Recomendations of us to Docf Avery and M' Palmer 
our Agent and especially in a Case now depending 
between Clark & Towsey, in which y'' Demand is 
made by an eldest Son as Heir at la[ J w'* if sup- 
ported by an Opinion of y'^ Extent of y*" Comon law 
here [ ] open a Door for y'" rooting up all our Set- 
tlements of Intestate Estat[ ] to y'^ ondoing y'' most 
of our Inhabitants and ushering in upon [ ] all y*" 
Mischiefs that will follow upon bringing in a new 

* This letter was inclosed with Law's letter of Nov. iS, 1742, to Palmer^ 
and is presumably of that date. 



70 LAW PAPERS. 

Rule to y° [ ]cision of matters w^'' have been trans- 
acted by any Rules of our own, w''e[ ] they have 
differd from y*^ Rules of y" laws of England in Church 
or St[ ] 

I thankfully acknowledge y" present you made me 
when I was att Boston and [ ]suring you how much 
I covet a Correspondency with you I take leave to 

subscr[ ] 

my self Your faithfuU ffriend 

and most humble Servant 

J L 
To D' Benj^^ Coleman 



JONATHAN LAW TO BENJAMIN AVERY.* 

Hon''' S^ 

I was favourd with a Paragraph of your Letter to 

D' Coleman Recoihending M'' Eliakim Palmer as a 

worthy Son of New England, and y" most likely 

person to serve y*^ Interest of New England, with y*" 

Encouragement you gave to cast in y'' good Offices 

your Situation would add to his vigilant and faithfuU 

Applicat[ ] which I coihunicated to our Assembly 

in y' last Sessions, by which they were lead to cho[ ] 

him for y"" Agent. And now S"" Notwistanding y^ 

Pticular Reference you had y'in [ ] Massachusetts, 

Coiiecticutt being so united with them and embarqued 

in much the same we rely upon y^ like favour and 

concern for y" good of this Colony, in its Churches, 

Coll[ ] and State 

I beg leave to Subscribe my self 

Your most humble & obedient Servant 

I LAW 
To D-^ Benj^' Avery 



Probably inclosed with Law's letter to Palmer of Nov-. i8, 1742. 



JONATHAN LAW. 7 1 

JONATHAN LAW TO ZACH. BOURRYAN. 

MiLFORD* [ ] 

I had y" favour of yours of y'' 17"' and 23*^ of July 
last past and laid them before our Assembly in y' 
next Sessions and now return you thanks for y" Care 
you have taken of y" Affairs of this Goverm' since 
y" death of our worthy late Agent Francis Wilks Esq"" 
and for y"" freedom you manifested to take y*" trouble 
of the Affairs of this Gov' but the Assembly have 
made Choice of M"" Eliakikim Palmer to whom all 
the Papers, Instructions and other Writings lodged in 
the hands of M' Wilks are desird to be deliverd. 

The opinion said to be y'' rec'^ one viz That y^ 
Comon law with all y*" ancient Statutes before y^ 
Settlem.ent of y'^ Plantations are y'' law of y'' Planta- 
tions is so contrary to y*' known Principles w''' have 
always been y" Rule of Practice here, where y*^' laws 
made by Vertue of our Charter, the law of god, of 
Reason and Nature with y'" Statutes made for y'^ 
Plantations have been 3^'' Measure of all our Admin- 
istrations Tiiat it is shocking to all men that hold y"" 
lives and fortunes under the Protection of y^ laws by 
w''' all y' Transactions have been regulated from y*" 
begining, w'* is more than a Century. 

Our Assembly in May last granted to M' Wilks 
for his Psallery 250'^ in our Currency and orderd some 
Gentlemen of y'^ Council who dwell near the Treasury 
to transmitt it to M"" Edwards of Boston as usual 

To M'' BOURYEAN 



Probably of Nov., 1742. 



^2 LAW PAPERS. 

JOHN SHARPE TO ELIAKIM PALMER. 
D' Sir 

I have coiisider'd Govern"" Law's Letter of Instruc- 
tions to you, in regard to the Case of Clarke & 
Towsey, in the best manner I can ; and think as the 
matter appears upon the record transmitted, it is 
impossible for Clarke to have any Success upon this 
Appeal, the Record by no means agreeing with the 
Allegations .in the Petition, and no Evidence appearing 
upon the Record that the Appel? is eldest Son & Heir 
of his Father, or that his Father dyed seized in fee 
of the Preihes in question ; both which Facts it is of 
absolute Necessity for the Appell' to make out, before 
the Question of Law can arise ; and as neither of these 
Facts appear by the Record either to have been 
proved or admitted, it is impossible that M' Clarke 
can prevail upon this Appeal :''^ And I very well remem- 
ber that in Gov' Talcot's time, & during M' Wilks's 
Agency, when the Colony had the Repeal of their 
Intestate Law under Consideration, in order to find 
out the most proper Method to guard against the 
Inconveniencys that might arise therefrom ; amongst 
several other Ways which I then pointed out, I 
strongly recommended to 'em the continuing the same 
Method of Distributing real Estates of Intestates, and 
tho' the intestate Law was repealed, to support the 
same by constant uninterrupted immemorial Custom and 
Usage from the first Settlement of the Colony, and 
to get sever' eldest Sons of Intestates in the Interest 
of the Colony to bring Actions of the same Nature 
with this of Clarke's, for the Deft to insist on the 
Custom, the Evidence not to be taken down in 



* For record of the decision of the Superior Court in 1733 see Colonial 
Records of Connecticut, vol. IX, p. 587. See also Talcott Papers, I, 96 
( Collections, I V) . 



JOHN SHARPE. 73 

Writing, and the Ve[ ] & Judgm'' to be for the 
Deft, in which the Pit to acquiesce ; and thus having 
the Custom strengthened by several Precedents subse- 
quent to the Repeal of the Intestate Law, the Method 
of distributing Intestate Estates would in my Appre- 
hension become as binding by Custom as it was before 
under the Intestate Law ; and if an adverse eldest Son 
should rise up (of which Clarke is the first Instance), 
by thus taking Care not to have the Evidence taken 
down in Writing, nor any Admission of the Fact, it 
would be impossible to prevail upon an Appeal home, 
because the Evidence could not appear to the Lords 
upon which the Verdict was founded, and without the 
Evidence appearing it was impossible for the Lords 
to reverse the Judgment ; but that great Care should be 
taken to have none of the Evidence entred down in the 
Record, because if any of the Evidence was entred, 
the Lords would consider that as the whole Evidence, 
unless anything appeared in the Record to the Con- 
trary; and I find the Colony have follow'd this advice 
in Clarke's Case, and I am persuaded they will find 
the Benefit of it. M' Clarke's petition I drew, 
acquainting him at the same time that if the Colony 
should interfere in it, I must in that Case be con- 
cerned for the Colony ag'* him ; for I have always 
determined to keep myself free & open, so as to be 
at the Service of the Colony in all Cases wherein 
they shall desire my Assistance ; and you may be 
assured of my utmost Endeavours for their vService 
in this Dispute, and in all others that may hereafter 
arise. M"" Clarke did not bring any Copy of y'' Record 
with him, nor any Instructions from his Council, but 
2 or 3 Loose Papers ; so that this Petition was drawn 
principally from verbal Instructions of his own : I 
asked him what Evidence he had eiven of his Father's 



74 LAW PAPERS. 

Seizin, & of his being liis eldest Son ; he said he 
had Evidence ready, but M' Towsey's Council admit- 
ting these Facts his Witnesses were not Examined ; 
upon which I asked him if this Admission was Entred 
on tiie Record ; he said it was : and upon these Assur- 
ances of his & agreeable to his Instructions, the Peti- 
tion Drawn ; but in which, now the Record is come 
over, he appears to have been mistaken, and I imagine 
he will hardly be advised to prosecute his Appeal any 
further ; if he does, I make no question but to get it 
Dismissed. 

With regard to the points of Law mentioned in 
Gov' Law's Letf. The Gov' does not seem to me to 
make the distinction that is necessary for the more 
clear understanding this Question between the Com- 
mon & the Statute Law of England. The Common 
Law of England undoubtedly extends to all our Plan- 
tations; it is what they all carryed over with them 
at the time of their first vSettlements : The Statute 
Law of England it is certain does not extend to our 
Plantations, unless in those Acts of parliament only 
wherein they are particularly mentioned, as the Acts 
of Trade & Navigation &C'': And the Opinion of the 
Attorney & SolP Gen^* transmitted to Connecticut by 
the Board of Trade does not at all interfere with 
this Rule ; because the Opinion related to the Case 
of entailed Lands which is done under the English 
Statute — De donis conditionalibus, and does not at 
all depend on the Common Law as Descents do ; 
for by the Common Law no Lands could be Entailed ; 
and so the Barring Entails by Fine depends on the 
Statute Law, Fines being by Statute & not by Com- 
mon Law : vSo that no Inference can be drawn from 
this Opinion one way or other with regard to the 
Common Law of England extending or not extend 



JOHN SHARPE. 75 

ing to the Plantations. But I apprehend the Custom 
of Dividing Intestates real Estates in the manner 
used in Connecticut is not repugnant to the Common 
Law of England : For with us, we have a great Vari- 
ety of Descents ; the general Course indeed is to the 
Eldest Son, but in many places it is otherwise : In 
Kent the Custom of Gavelkind prevails, by which 
the Land descends to all the Sons equally ; and 
in many places the Custom of Borough-English, by 
which the Estate goes to the young^^ Son ; and there 
are several other Customs which carry it to Females : 
So that I think the Course of Descents in Connecticut 
is composed of the several Sorts of Descents allowed 
by the Law of England, and is therefore not repug- 
nant but agreeable thereto. In the Case of Winthrop 
and Lechmere '" the Colony did not interfere ; and the 
Case on Lechmere's Side was entrusted to one noways 
Conversant in Cases of this kind, and it is most 
certain was very unably conducted ; otherwise I really 
think that determination would never have been 
given : But it is now too late to recall it ; and the 
Method I before pointed out, & have repeated in 
this Letter, and which the Colony have pursued in 
Clarke's Case, will I am persuaded if properly pursued 
quiet this Question as effectually as if the Intestate 
Law was revived. But if the Colony like it better, 
I do not see why they may not pass a new Act 
for the same thing, making some Variations from 
the former Law that they may not say it is the 
Same ; and One Variation I would recommend is 
Not to vest the Real Estates in the Adm'" or the 
Distribution thereof in the Court of Probates, the 
Ecclesiastical Courts having no power by the Common 
law, but let that be left in Case of Dispute to be 

* See Talcott Papers, I, 94 (Co/leitioiis, U'). 



^6 LAW TAPERS. 

Determined in the Courts of Law : " and with this 
Variation I am persuaded if such new Law should 
be attacked strengthned with the Precedent of 
Phillips and Savage, ( in which I was concerned for 
the Province of the Massachusetts Bay) you and I 
should have very little Difficulty to support it. Thus, 
Sir, I have given you my Thoughts on this Affair, in 
Answer to Gov'" Law's Letters which I should be 
obliged to you if you would transmit to him with 
my best Respects. His Letter is penned throughout 
with great Ability and Judgment, and is only Short 
in not making the Distinction I have already men- 
tioned between the Common and the Statute Law 
of England ; which it is not to be imagined the 
Gov"" (for want of being Conversant in our La.w) 
could be apprized of. I have likewise carefully pe- 
rused M'' Read's Remarks, which (like every thing 
else that comes from him) are drawn in a very 
masterly Way : The Certificates he mentions I have ; 
and if the Cause comes on, I shall make the proper 
Use both of the Gov""^ and his Instructions ; and 
make no Question but with your diligent and assist- 
ant help to procure a Dismission of it. But I believe 
that the Appeal will hardly be pursued, as I do 
that the Petition would never have been presented 
had M'" Clarke bro' a Copy of the Record over with 
him. I am with the most perfect Truth and Esteem 

D'- Sir 
Your most obedient & ever 
28"' Jan"' 1742 faithful humble Servant 

JNo SHARPE 
To Eliakim Palmer Esq"' 

[Indorsed] M"" Sharp's Opinion 

*At this time, and perhaps until 1857, all Courts of Probate in 
England were Ecclesiastical Courts. BloiiiiVs Jaiw Dictiotiary; Century 
Dictionary. 



ELIAKIM PALMER. ^f 

ELIAKIM PALMER TO JONATHAN LAW. 

Sir 

Some time ago I was honour'd with your Letter 
•of the 1 8 of November accompan^ an Instrument of 
Procuration Investing me w"' the Power of Agency for 
the Colony of Connecticut a Trust Sir w'^'' my Concern 
for the Wellfare of my Country makes me wish had 
been plac'd in hands more able & not less willing to 
serve it. However Sir as the Colony have been 
pleas'd to Confer this unexpected honour upon me I 
shall as far as the narrow Sphere I move in will ad- 
mitt of endeavour that their Ends in so doing may 
not intirely be Defeated. 

Your Instructions w"" the other Papers relating to 
Clarks appeal ag'' Towsey I have duly receiv'd & from 
the best Information I have hitherto been able to 
procure think there is good Grounds to Believe that 
should he bring it to a hearing there is little proba- 
bility of his succeeding, & that principaly for 
want of Authentick Evidence of the Facts, by not re- 
cording of which you may allways render appeals in- 
effectual, and by that means avoid the Mischiefs that 
would arise should the Common Law of England De- 
termine the Succession of the Inheritances of Intes- 
tates in Your Governm*. 

I have in Pursuance of the Resolutions of your 
Assembly apply'd to M' Solicitor Sharpe whose 
Opinion in the Case you will receive herewith, and as 
for the present nothing farther can be done I have 
only to add that the Colony may be assur'd I shall 
exert the utmost of my Power for their Interest in 



78 LAW PAPERS. 

whatever Concerns they shall think fitt to Intrust me 
with who Am Sir 

With great regard 

Their most Faithfull 

& Oblig'd Hum'« Serv^ 

ELIAKM PALMER 

Please to send me over a Collection of your 
Laws and any other Books Papers &c which may be 
tho^ usefull to me in the Discharge of my Trust. 
London f^' Feb'^' 1742/3 

To the Hon'-'^ Jonathan Law Esq' 

[Indorsed] Agent Palmers Letter Duplicate Agent 
Palmers Letter 7 Feb'^' 1743 



ZACH. BOURRYAN TO JONATHAN LAW. 

London February 10"' 1742 
Sir 

I have your favour of 19"' Novem"" past which 
inform'd me that your Assembly had chosen M"' Elia- 
kim Palmer your Agent, upon which I immediately 
went to M' Jn" Sharpe & desired him to deliver all 
the Papers belonging to the Colony of Connecticutt, 
which had been lodg'd with him, to the said M"" 
Palmer, who I wish Success in his Employment, & 
the Province all the Advantages that can be expected 
from him. We have paid your Draft on our late 
Partner Francis Wilks for £\\S'- being in fav"" of 
Samuel Talcot. I have not to add, but am always 

s-- 

Your most Obedient Servant 

ZACH: BOURRYAN 
The Hon'''^^ J ON at Law Esq-- 



ZACH. BOURRYAN. — BENJAMIN AVERY. 79 

BENJAMIN AVERY TO JONATHAN LAW. 

Honoured Sir 

I am favoured with your Excellency's Letter 
dated 1 5 Novb' last ; & am greatly obliged by the 
regard you have shewn to my recoihendation in the 
choice of my worthy Friend M' Eliakim Palmer for 
Agent to your Colony. I hope & firmly believe, 
Sir, that neither you nor the Assembly will have any 
reason to repent the Choice you have made. I 
know no man more able or better inclined to serve 
your Province with respect to its religious & civil 
Interests. And though it was with a particular View 
to the Massachusets that I mentioned him in my 
letter to D' Colman, & promised to assist him to 
the utmost of my power ; yet as Connecticut has 
now a just claim to his very best Services; so I 
shall as readily concur with him in forwarding any 
affairs you may have depending here, as I should 
with respect to theirs. I neither do nor ought to 
make any pretensence to any considerable interest ; 
but an}^ that I have I shall very readily & faithfully 
employ in securing the rights of the Churches and 
College in your Colony as well as the Safety & 
prosperity of your State. I am 

Hon-^ Sir 

with great Esteem & respect 
your Excellencies most 
Obed' faithfull 
humble Serv' 

BENJ. AVERY. 
London 25 ffebr. 1742. 

To his Excellency Jonathan Law Esq/. 
[Indorsed] D"" Benj Averys Letter 1742 



80 LAW PAPERS. 

THOMAS HILL* TO JONATHAN LAW. 

Right Honoured S^ 

I beg Leave to Inform your Hon"" y* m' Sam" 
Sturgis of this town Intimated to me y' a person 
asked him if he would accept of y'" Sheriffs office 
for he Designed to have me put out of y'* wSheriffs 
office,f m' Sturgis would not plainly tell me y" 
persons name but I have Reason to think who, it 
was & I am Senceable it was a Gent' man who thinks 
himself Conserned & one in office to put in a Sheriff 
I believe it is not y'' first time that Gent' man has 
indevered to have me put out of y*^ Sheriffs offfce ; 
I Humbly beg your Hon"" & y'^' Honourable Councel 
will not Receive an accusation against me & proced 
to Judgment without first Giving me an oppertunity 
of vindicating my Innocence for I am not Senceable 
of any thing y' I have Don In y" Execution of my 
office whereby any person has Just Reason to Com- 
plain but I have allways indevered according to . y® 
best of my Skill to make y*" Law & Equity y*" Rule 
of my acctions in y'' Execution of my office & if I 
have Don any thing Contrary to y' it is my Ignorance : 
& therefore would beg yo'' Hon" faveor wSo far as not 
to proced against me without haveing y'^ accuser & 
y'' accused face to face & when yo'' Hon'" have heard 
y'' matter if any there Should be I shall be very 
willing to Submitt yo"" Hon'* Correction if yo' Hon' 
will be pleas'' to be so Good & Graceous as to Grant, 
my Request, yo' Hon' will very much oblige your 

* Hill and Sturgis are both familiar names in Fairfield. Capt. Thomas 
Hill, probably the writer of this letter, was several times a representa- 
tive from Fairfield. Colonial Records. 

+ Under a law passed in May, 1724, sheriffs were appointed and com- 
missioned by the Governor and Council. As the records of the Governor 
and Council for this period are not known to be extant, what action if 
-any was taken in this instance is not known. Colonial Records. 



THOMAS HILL. — SAMUEL WELLES. 8l 

faithfull & most Dutifull obediant Hum^^ Serv' to 

Comd 

THO HILL 

Fairfield April 25**^ 1743 
[Superscribed] To The Honourable JON^^" Law Esq' 
at Milford These 



SAMUEL WELLES TO JONATHAN LAW. 

Boston, Apr'. 25. 1743. 
Honourable Sir, 

I herewith present two Letters from the Agent 
of Connecticut, I have sent them by the Post not 
finding any other conveyance likely to be so expedi- 
tious; I shall very gladly take the care of any 
packets to or from your Agent, & with great pleasure 
■do any other Service I can, for my Native Country, 
I am, with a very high Respect, Sir, 

Your most obed' 
Hum'"' Serv*^ 
SAMUEL WELLES. 
The Hon"^'^ Govern' Law 
[Indorsed] M' Welles Letter 1743 



MEMORIAL OF NIANTIC INDIANS TO THE GENERAL 

ASSEMBLY. 

To the Honourable Generall Assembly to be 
held at Hartford the Second Thirsday of may Instant 
the Memoriall of us the Subscribers the Nihantick 
Indians Humbly sheweth — 

That we meet with much Diffucalty in Respect 
of The Improvement of our Lands where we Live 
we having three Hundred Acres of Land at Nihantick 



82 LAW PAPERS. 

Sequesteed to us by the Kindness and Goodwill of 
y" Generall Assembly in Days of old and we have 
Ever Sence been the Kind Care of y*" Said Assembly, 
but Some of our English Neighbours Claime the 
Grass that Grows upon two Hundred of it and y*" 
fall feed of y*" rest and in Taking the Grass they 
almost render the land unprofitable to us they feed 
So Late In the Spring & So Early in y'' fall and 
when they Come to moe and Take away y" hay they 
Let their Horses and oxen Do us much Dam- 
age and we are poor Ignorant Indians and Dont 
Know how to Defende our Selves and our Guardins 
are Grown Old and not well Able to Defende us 
and Take Care of our Affairs — • 

And in perticuler y"" Lower or Southern hundred 
acres we have Litle or no Benifit of it for Some of 
y® Adjoyning English Neighbours viz John & Jonathan 
Prentiss and Tho : Manerwing have Taken the Same 
into their Inclosures And Refuse to Let us Improve 
any part of it but w' we fence in perticuler Inclo- 
sures by which means we cut Away all our Timber 
& wood that in a Little time we shall not have one 
stick of wood to burn. And So must Leave our Land 
to them that Seem to have a mind to Drive us off 
from our Improvements & So by our being thus hurt 
and opprest in y'^ Improvement of our Land we are 
forc't to Ramble abroad and our Children must loose 
the benefit of a School & meetings which y'' Commi- 
tioners for Indian Affairs in boston i^ have been So 
kind and Charitable as to Setle among us and some 



* A board of correspondents in Boston, often called the "Boston Com- 
missioners," represented the " Society in Scotland for Propagating Christian 
Knowledge'' from 1730 to 1737, when the board was suspended. A New York 
board was constituted in 1741 ; the Boston board was revived in 1756, 
and a Connecticut board was formed in 1764. This society was engaged 
in Indian Missions. Love's Samson Occoin. 



MEMORIAL OF NIANTIC INDIANS. 83 

of our English friends Advise us to Lay the matter 
before the Assembly and pray them to Appoint a 
Comittee of wise men to Inquire into our affairs And 
to See what Right y^ English have to Take our Grass 
and to fence our Land into their Inclosures we 
believe the Land and all that Grows upon it is our'n 
now we have a Great Inclination to Live more like 
Christian English people and we Could Keep Some 
Catle and Sheep and Swine if y® Land was under 
our Improvement we Could also raise some Inglish 
Grain which now we are forbide we having this 
year Soed Some flax and *Oats which they that Claime 
the Grass Say is theirs and Say they will Turn in 
their Catle upon for they Say we have no right only 
to plant we therefore pray that your Honours would 
be pleased to appoint a Committe to Inquire and 
Lay the Matter before the Next Assembly y*^ So 
we May have right Done us if y*" Grass and Improve- 
ment be ours we are willing to have it And if it be 
theirs we Don't want it we also Desire y' our Good 
friends M"" John Griswold And M' Richard Lord * may 
Appear for us to Lay this petition before the General 
Assembly & we as in Duty bound shall Ever pray 

Dated in Lyme May 9"" 1743 

his his 

John Tat-son X Wooh-Whoop X pee hoont. 

mark mark 

Will Sobuck Philip X Soo-Buck 

mark 

John X Non-Such John X Tat-Son 

mark mark 

his his 

Gideon X Que Ouan Jo Ty-unk-coo X 

mark mark 



* Griswold and Lord were both well known residents of Lyme. Each 
was a Justice of the Peace and of the Quorum. Scj/is/nr/y's Family His- 
tories arid Genealogies. 



"§4 LAW PAPERS. 

his his 

John Mowheag Jr x [ ] X [ 

mark mark 

his his 

Dan" Bag-a-not X George X Py-unk-coo 

mark mark 

his 

Benj Baganott John X Au-cum 

mark 
his 

David X Non-Such Thomas So-Buck 

mark 
his 

[ ] X Non-Such Jack Bag-a-not 



mark 



his 



Philip Qu-ish Higgison Py-unk-coo X 

mark 

In the Upper House 

On this Memorial Granted that a Com*"'' be ap- 
pointed for the purpose therein mentioned and that 
a Bill &c Test George Wyllys Secret^' 

Concured in y" Lower House 

Test Jno Fowler Clerk 

[Indorsed] Memorial of the Nehantick Indians May 
1743 M^ Griswould plHpuH26pM Ent* 



•STEPHEN PRENTISf TO THE GENERAL ASSEMBLY. 

'To the Hon^^*^ the Gen" Assembly now Convened at 
Hartford May 12*'': 1743. 

May it Please Your Hon" You having thot 
Proper Some time Since to Appoint me as a Guard- 
ian to the Nihantick Indians, Some of whom Com- 
plained of Some wrong done them by the English in 
Cuting down Trees Plowing up Land Sowing of 



• These letters may be extended thus : passed in the Lower House, 
: passed in the Upper House, [May] 26 afternoon; entered on the records 
' of the Secretary. 

+ Capt. Stephen Prentiss of New London and Thomas Lee of Lyme 
•were appointed overseers to the Niantic Indians in May, 1728. Colonial 
Jtecords. 



STEPHEN PRENTIS. 85: 

Oates &c, at their Motion I went over and found it 
So and upon Enquirey find it was One Ely a School 
master among the Indians a Transient Person and 
Some of the Inhabitants of s'' Lyme who are na- 
Proprietors in Black Point, and being Enformed that 
Some of the Indians have Sent a Memoriall to the 
Assembly, Some of whom Declare they were Imposed 
upon and did not then understand it as they De- 
clared to me in the Hearing of S** Ely, and that 
Sobock and Tatson declared to me they had Signed 
Masons paper if So then no Nihantick Indians 

STEPHEN PRENTIS. 



MOHEGAN INDIANS' CHOICE OF AGENTS. 

New London Mohegan May: 13"': 1745 

At a meating of the Mohegan Indians Here 
after Named it was noted that we make choaice 
of Joshua uncas Samuel uncas Zachriah Johnson 
Simon Choychoy who are of the Sachems Councell 
to Prefer a memorael to the Honerabel the Gineral 
assembley not sitting at Hartford Relating to masons 
affairs and the Dificultyes that we meait with By 
Reson of John and Samuel masons Insinueasions and 
fals Representations of things amongst us we also 
Desier our friend James Harris to assist our agentes 
above menchond in prefering the memorial above 
Said : and voted it us the subscribers 

his his 

John X uncas Benjamin Uncas X Sachem 

marke marke 

his his 

Peige X Johan old wambaneage X Councler 

marke marke 

his his 

Caleb X Clacke old Jo Py X Councler 

marke marke 



86 



LAW PAPERS. 



George Qua 
qua quad 
John X Ruel 

raarke 
his 

moses X mazeain 



Joseph X Johnson 

marke 
his 

Simon x tobey 

marke 
his 

Joshua X oakum 

marke 
his 

ned X Chuckheeg 

marke 
his 

John X George 

marke 



his 



Joshua X Uncas Councler 



Zachriah X Johnson Councler 

raarke 

his 

Samuel uncas Counceler S A M 

marke 

Simon Choy Choy Counceler 

his 

Samuel X Py Counceler 

marke 

his 

Ephram E X j Johnson councler 

marke 

John Wom : Councler 
Samson Occum Counceler 



MEMORIAL OF NIANTIC INDIANS TO THE GENERAL 

ASSEMBLY. 

To the Honnorable Asembly now Setting att Hart- 
ford 

Gent'" we the subscribers being of the Tribe of 
the Niantuck Indians, and being informed thear is a 
Complaint laid before y' Hon'' against the proprietors 
of Black point Doing us much Damage in our Corne 
and other Enormities : these are to informe y'' Hon" 
that we never had less Damage Done then for these 
four years last past and that our Corne stands a fort- 
nite longer than the Usall time of Opening the 
feild and that the English maintaines Good fence 
and is now in Good order, and we are well satisfied 
with thear proceedings. 

but this year thear is one Eley a trancent person 
and Diverss others of lime not propriators 



MEMORIAL OF NIANTIC INDIANS. 8/ 

Entred plowed and sowed a Considrable number of 
acres with oates, Contrary to our minds and the 
Said Ealey Coute Doun our Wood & timber which 
is much to Our Dameg 

NiANTUCK 

his 

May 13"' 1743 Ombiheinati X Counseler 

marke 

Wittnes poquiantoup X Justus his mark 

matthew Smith hiwuko X his mark 
David Latham pokquasinset X his mark 

Cummusk X his mark 
Qukcuegum X his mark 
Gideon quqoom X his mark 

New London County Ss' New London 

May le^*" 1743 

Mathew Smith and David Latham both of Lyme 
in the County of New London the wittnesses to the 
within Instrument Personally Appeared before me 
the Subscriber and made Solemn Oath that they 
Saw the within and Above Indians Sign this Instru- 
ment and We are well knowing they are all Repu- 
ted to be Nihantick Indians, and that the Same 
was Read to them and Some of them understand- 
ing English Interpreted it to the rest and they 
fully understood it as they Signified and freely 
Signed it. their Over Seir Cap* Stephen Prentiss being 
Present at the Signing thereof 

Sworn before me Daniel Coit Just* pacis 

Opened in the Gen' Assembly May 1743 

Test George Wyllys Secrety 



88 LAW PAPERS. 

MEMORIAL OF MOHEGAN INDIANS TO THE GENERAL 

ASSEMBLY. 

To the Honourable Gene" Assembly now Siting- 
in Hartford, 

the memorial of Joshua Uncas, Samuel Vncas, 
Zachariah Johnson, Simon Choychoy, Chosen by the 
Sachem & Tribe of the Moheage Indians, to lay 
these presents before this Honourable Assembly 
Sheweth 

That Ben uncas our Sachem on the first day of 
July A:D 1742. made choyse of Sundry persons of 
our Tribe to be his counselers, whose names are 
herewith commited to You,* which councelors are 
Such as our Tribe do approve of, and Since those 
persons are Still liveing except onely Joshua Aucom 
who is lately dead, therefore our Request is that 
this Honourable Assembly would approve of & Con- 
fierme s'^ Councelors, who are yet liveing, that So 
our Sachem may be advised, and our affairs con- 
ducted according to the antient Custom of our Tribe. 

his 

May 17"' 1743- Joshua X uncas 

marke 

uncas SAM his marke 

his 

Zackariah X Johnson 

marke 

Simon Choy Choy 

[Indorsed] Motion of Sachem & Mohegan Indians to 
Establish Councellors to s" Sachem May 1743 
p u H 21 A M p 1 H Ent 



* The document naming the counsellors is dated July i, 1742, and 
appears on page 50. 



COMMITTEE ON INDIAN AFFAIRS. 89 

REPORT OF COMMITTEE OF THE GENERAL ASSEMBLY 
RESPECTING INDIAN AFFAIRS. 

Hartford, May 22*^ 1743 

To y^ Hon''"-^ Gen" Assembly of his Ma^>'' 
Colony of Connecticut now Seting in Hart- 
ford, Daniel Edwards of Hartford at your 
Sessions in October last appointed a Com*'"'' 
to Agree with y*" Rev*^ M' Prat touching 
y'" Instruction of y'' Indians, & allso to agree 
with & purchase of certain Indians their 
Claims of Lands in Salisbury & vSharon &c 
Humbly Reports 

That on Notice to all partys Concernd 
first given, I, pursuant to your Honours Appointm* 
& Direction on y" 26*'' of April last proceeded to Said 
Sharon where arriving a few hours later than my 
expectation their Com''"'' to y'' purpose appointed being 
all Save one absent on a long Journey coud transact 
nothing touching y'' Indian claims in y* Town ; but 
was made to understand that y'^ aquivalent of two 
acres across y" South end of their Town for one 
acre of y'^ Indian improvements wou'd be in nowise 
Satisfactory, and am Since allso advisd by s^ Com'*'" 
under their Hands that on view and Measure of 
y'' Present Indian improvements they amount to 
eighty nine acres at least, w'' is ' allmost double y"^ 
quantity heretofore Supposd, allso that their Indians 
in a late Conference with them have remonstrated y* 
their s'' actual improvements are not only greatly 
Short of their just claim but allso alltogether insuf- 
ficient to answer their necessitys, especially in y*" 
article of Firewood, alledging y*^ on their being Se- 
cured in y'' improvement & benefit of about two Hun- 
dred acres (w'' it seems they now claim) they mg.y 
be able to keep together undispersed, and enjoy civil 



90 LAW PAPERS. 

education & Christian Instruction and allso y® Benefit 
& Protection of y*^ good laws of this Community which 
they Say they shall cherefully & thankfully receive & 
Submit to. or otherwise Shall be necessitated to break 
up & Scatter abroad (or least the most of them) which 
they are very loath to do, or remove else where for 
more room, S'' Com**^^ have allso Signifyed to me their 
astimate of an aquivalent for s'^ Indian lands viz*^ 
Six acres for one to be taken across their bounds, or 
two for one to be pitcht where they Shall chuse, less 
then w'' they Seem to think will not be aquel. 

That y" Time by your Honours proposd for M'" 
Prats being enguaged to Instruct y° Indians being then 
Just expir'd nothing was transacted with him in y' 
Matter, but on Conference with him about it am in- 
formd they Stil express an earnest desire of Instruc- 
tion both by Schooling & preaching, & y* your 
Honours woud in great Charity as Soon as may 
be Devise Some way to gratify them herein, to 
which he will be ready to Contribute his utmost 
assistance (&c. 

And That from Sharon proceeding to Stockbridge, 
where whom y'' claimers of s*^ Northeastern Corner of 
Salisbury were, & with whom most Safely to transact 
in that affair, I by much Inquiry found out, They 
having no Records or other Durable Monuments or 
evidences of Title or Property, I had recourse to y'' 
following Measures w'^ with them it Seems is accounted 
Sufficient to Depend & Act upon in matters of this 
Nature ; — 

That is to vSay as I had before Noticed them of 
your honours Directions & my purpose to treat with 
them &c vSo now published among all the Indians 
there y'' arrand on which I came, to y" end I might 
Discover whether they were agreed in allowing y'' 



COMMITTEE ON INDIAN AFFAIRS. 9I 

Title to be quieted in any one person or family or 
whether there were not Sundry Opposite & contending 
Claimers but May it please your Honours on all y" 
Inquiry I coud make by y"' help an Indian Inter- 
preter of good report among them together with M'' 
Woodbridge y*^ Indian Schoolmaster who was allso 
Sworn an Interpreter on this occasion, I found by 
y*" Concurrence of all y° elderly & principal persons 
among them y' y" S'' Northeast Corner of vSalisbury , 
had been Deemd to belong to a family by them men- 
tiond During their remembrance of whom those 
who now Surviv'd were one Tautaupusseet an Indian 
man, who was abroad at a great Distance, and allso 
an Indian Woman cald Shekaunenooti who was 
present & Sister to the s'' Tautaupusseet, together a 
Child of another branch of s<^ Family cald Kowounun, 
which Survivers they all agreed were y*" owners of 
s^ Lands unless allienated to y*" English, And now 
after Some Doubt & Deliberation how to proceed in 
an affair So circumstenc't I Drew, and had executed 
a Deed of five Thousend acres more or less of s*^ 
Lands to y'' Gov'' & Compeny of this Colony, w*^ 
was first Distinctly read over in English & then 
by s^ Interpreters interpretted to those whoe were to 
execute it & allso to a number of y'' elderly Men 
who were to be Witnesses with Some english So y' 
all Declared they understood it — Thus was the Deed 
Executed by s*^ Indian Woman and a lad of about 
fourteen years for whom allso She acted as Guardian 
or as She exprest it as having y*" care of him & w' 
he had whereupon of Seventy pounds old Currency 
Drawn out of the Treasury I paid Down Sixty y*" 
residue remains and had a Receipt thereof Indorsed 
on s'^ Deed, with a Promise to procure y'' s'^ Tautau- 
pusseet on his return (w'^ they expected woud be 



92 LAW PAPERS. 

Shortly) to execute y" Same allso & Satisfy him there- 
for — which Deed I accordingly lodged in y" Hands 
of y*^ Rev*^ M"" Serjeant of Stockbridge to be Executed 
& acknowledged on his Return as it allready has 
been by the others 

as for Tossonee y'' Indian to whom two blankets 
were ordered I understood he was gone abroad, but 
woud likely return in Short time, So y' I nor Saw 
nor acted any thing with him. 

Thus Stand these affairs & thus (tho' ineffect- 
ually in part) have I e;ideavourd to Discharge what 
your honours gave in Command and Remain 

Your Honours Most Ob''' Humble Serv' 

D EDWARDS 
In the upper House 

The Above Report read and Ordered to be 
lodged on the ffiles &c 

Test GEORGE WYLLYS Secret> 

Concurred in y'" Lower House 

Test JNo FOWLER Clerk 

[Indorsed] Report of Com*'"' Respecting Indian Affairs 
&c May 1743 Bill past Ent 



JONATHAN LAW TO THE HOUSE OF REPRESEN- 
TATIVES. 

To AF speaker and y' Jioii^^" House of Representatives 

Suffer me to add to my Thanks to you for 
what you have att this time granted to me* to putt 

* The amount granted to Gov. Law by the General Assembly at 
the May session, 1743, for his half year's salary was /'70, new tenor. The 
grant at the October and A[ay sessions next preceding had been /,"6o, 
new tenor. Colonial Kccords. 



JONATHAN LAW. — ELIAKIM PALMER. 93 

you in mind of y® 'f/ticular Services you putt me 
upon in representing to our present Agent y" State 
of the Case between Clark and Towsey so far 
as it affected y'" Wellfare of this Gov* w''' w'^ a great 
deal of pains and study and expence of time and to 
approbation of our Solicitor as by what he has sig- 
nifyd to you have observed and as is reported to 
Effect I have done 

Other persons improvd by you out of Court have 
y'' Allowances, give me leave only to add that when 
y*" business of y® Gov*^ was much less than its now 
swelld to was 200" '|tl annum equal to y*" present 
currency, even my whole time is calld for b}^ y*" 
publick Affairs, expences increast and I have sus- 
taind great Losses in my own Estate, who should 
rejoyce to serve you honourably if I were able, from 

Your faithfull 

and humble Servant 

JON™ LAW 



ELIAKIM PALMER TO JONATHAN LAW. 

London ii"' June 1743 
Sir 

I have but just time before the departure of 
this Ship to forward to you a Coppy of a Petition 
lately presented to the Lords Justices by M"" Clark * 

* No copy of Clark's petition is found, but its contents are shown 
by the following extracts from the proceedings of the English Privy 
•Council. 

AT THE COUNCIL CHAMBER, WHITEHALL, THE 2D JUNE, 1743. 

Upon reading this day at the Board the humble petition of Samuel 
Clarke of his Majesty's Colony of Connecticut in America, setting forth 
that in November 1737, he presented a petition to his Majesty in Coun- 



94 LAW PAPERS. 

which is but this minute come to my hands & 
which I shall Oppose to the utmost of my Power 
being 

Your most Faithfull 
hum''' : vServ^ : 

ELIAK^: PALMER 
To the Honourable Jona : Law Esq'' 

Coppy 
[Superscribed] To the Hon^''' Jonathan Law Esq"" 
Governour of His Majesty's Colony of Connecti- 
cut f Capt. Pike O D C 
[Indorsed] M"" Palmers Letter June ii 1743 



AGREEMENT FOR EXPENSES OF COMMISSIONERS ON 
THE MOHEGAN CASE. 

To all to whom these presents shall Come 
Greeting" Whereas Cadwallader Colden Philip Court- 
land Dan" Horsmonden John Rodman and Robert 
Hunter Morris Eq" his Majesty's Commiss' are at- 
tending the Execution of his Majesty's Commission 
under y'' Great Seal of Great Britain for Determin- 
ing a Controversy between the Governour & Com- 



cil, complaining of a judgment given by the superior court of that 
Colony on the first Tuesday in March 1732/3, in favour of Thomas 
Towsey, Esq'', affirming a judgment of the court of probates in relation 
to the division of the real estate of Samuel Clarke Esquire, deceased, 
and praying to be admitted to appeal from the said judgment of the 
said superior court ; that his Majesty, upon consideration thereof, has 
been pleased by his order in council of the 25th of May 1738, to allow 
the petitioner an appeal therefrom, upon giving the usual security to pros- 
ecute the same to effect within a year and a day : but the petitioner 
being at Connecticut and not receiving any advice of the appeal's being 
granted, brought his ejectment in the inferior court of the said Colony 
against Thomas Towsey for recovery of his division of the aforesaid 
real estate, where judgment was given against him, as it was afterwards 



EXPENSES OF COMMISSION. 95 

pany of y*" Colony of Connecticut a'nd the Moheagan 
Indians and it being proposed that Each of them be 
paid for their Satisfaction in Such Service the Sum 
of twenty Shillings Sterling for every Day they 
Shall attend S*^ Service and also that their Expenses 
be born — and whereas it is proposed y' y'' S"^ Al- 
lowance & Expense be Equally Defrayed by y'' Con- 
tending parties And M"" Samuel Mason appearing to 
undertake on y*" part of y*" Moheagan Indians to pay 
y" one half of S'^ allowance and Expence & y" 
Agents of y*" Gov' & Company afores'^ on y" part 
of the Gov"" & Company afores*^ to pay y'' 
other half, and that they Should be Joyntly & Sev- 
erally obliged for y' Purpose 

Therefore 

We Roger Woolcot James Wadsworth Tho^ 
Fitch John Bulkly Joseph Fowler agents as afores"^ 
& Sam^' Mason all of s"^ Colony Do hereby Joyntly 
& Severally bind and oblidge our Selves to pay unto 
Each of y" S'^ Commissioners the Sum of twenty 
Shillings Sterling money or Equivalent thereto for 
every Day Each of them have already Spent and 
Shall Spend in attending S'' Service and in coming 
to and Returning from the Court accounting a 
Reasonable time for their Respective travels 

upon his appeal to the superior court, from which last judgment he 
brought a writ of review, and on the 17th February 1740, the said 
judgment was affirmed ; that thereupon he presented a petition to his 
Majesty in Council, praying an appeal from the said judgment in review 
of the 17th February 1740, which his Majesty was graciously pleased to 
grant by his order in council of the 19th of June 1742, and security was 
accordingly given for prosecuting the same: but the petitioner being in- 
formed by his counsel that he cannot prove his case without the rec- 
ords of the court below, and not being able to obtain the same, he 
most humbly prays that he may be permitted to proceed on the order 
of council of the 25th of May 1738, admitting him to an appeal from 
the said judgment of the superior court held at New Haven in the 
said Colony of Connecticut the first Tuesday in March 1732/3, on the 



96 LAW PAPERS. 

from and to their Respective habitations and 
also Each of their Expences the Said Days the Same 
to be adjusted and paid before y'' S'^ Commiss" 
Leave y'' town of Norwich for all y' time then past 
and for their Return home and also at y*" End of 
y** Next Meeting for granting an appeal to be ad- 
justed and paid foil all that vShall be Due for y' 
meeting according to y'' above agreement in wit- 
ness whereof we have hereunto Set our hands and 
Seals y" Sixth Day of July ADom. 1743 

JOSEPH FOWLER [Seal] ROGER WOLCOTT [Seal] 
SAMLL MASON [Seal] JAMES WADSWORTH [Seal] 
>Signed Sealed & De- THO^ FITCH [Seal] 
livered in -presence of JN^ BULKLEY [Seal] 
W'^^ Smith 
Dan"-"- Edwards 



EXPENSES OF COMMISSIONERS ON MOHEGAN CASE. 

Norwich ig August 1743. Received then of 
Roger Wolcott John Bulkeley & Joseph ffowler Esq" 
the Summ of Two hundred & Eighty four pounds Ster- 
ling for Our Attendance coming to & going from the 
Court held in Execution of the Commission within 
mentioned And for the Expences in Travelling the 

writ of error brought by the petitioner to reverse the said judgment of 
the court of probates, and that the petitioner may be now admitted to 
give security for prosecuting the said appeal as if he had done the same 
according to the said order : It is ordered by their Excellencies the 
Lords Justices in Council, that the said petition (a copy whereof is 
hereunto annexed) be, and it is hereby, referred to the Right Honour- 
able the Lords of the Committee of Council for hearing appeals from 
the Plantations, to consider the same and report their opinion there- 
Tapon to their Excellencies at this Board. 

AT THE COUNCIL CHAMBER, WHITEHALL, THE i8tH DAY OF JULY, 1745. 

Present : Their Excellencies the Lords Justices in Council. 
Upon reading at the Board a report from the Right Honourable the 



EXPENSES OF COMMISSION. 9/ 

Summ of Sixty five pounds Six Shi" & Six old Ten- 
nor currency of Connecticut ffor which respective 
Summs we have also given a Seperate Receipt in full. 
Witness our hands. 

CADWALLADER GOLDEN 
PHILLIP CORTLANDT 
DAN: HORSMANDEN 
JOHN RODMAN 
ROBT; H: MORRIS 

NORWALK OCtob"" 26"' 1743. 

Then Rec** of Roger Wolcott James Wadsworth 
and Tho' Fitch Esq" the Sum of fifty Six pounds 
Seventeen Shillings and Six pence Currant Money of 
y*^ Colony of New York for our attendance coming to 
and going from y*" Commissi""' Court held in Execu- 
tion of y" Commission within Mentioned and for y*" 
Expences in Travelling all which is on account of y*' 
within agreement, witness our hands and Date Last 
above S"* 

CADWALLADER COLDEN 
PHILLIP CORTLANDT 
DAN: HORSMANDEN 
HENRY LANE 
ROBT; H: MORRIS 

Lords of the Committee of Council for hearing appeals from the Plan- 
tations, dated the 4th of this instant, in the words following, viz : 

" [The substance of Clark's petition is here 

repeated] The Lords of the Committee this day took the said petition 
into their consideration, and heard counsel as well for as against this 
petition, and do thereupon agree to report to your Excellencies as their 
opinion, that this petition of Samuel Clark ought to be dismist." 

Their excellencies the Lords Justices this day took the said report 
into consideration, and were pleased with the advice of his Majesty's 
Privy Council to approve thereof, and to order that the said petition 
of Samuel Clarke be, and it is hereby, dismist this Board. Whereof the 
Governor and Company of his Majesty's Colony of Connecticut for the 
time being, and all others whom it may concern, are to take notice and 
govern themselves accordingly. Colonial Records, IX, ^gi. 
7 



98 LAW PAPERS: 

I do hereby Acknowledge that the severall sums 
of money which appear to be paid by the above Re- 
ceips were paid by the Agents for the Governor and 
Company to the persons who sign the said receipts 
agreable to the within stipulation or obligation 

Signed in presence of SAM^l MASON 

ROB"^: H : MORRIS 
Dan"- Huntington 



JOSIAH WILLARD to JONATHAN LAW. 
Sir, 

This is by Order of the General Court of this 
Province to acquaint your Honour, that they have ap- 
pointed a Committee to meet such Gentlemen as may 
be appointed by the neighbouring Governm" of New 
Hampshire, Connecticut & Rh'' Island, in order to 
project Measures to prevent the further depreciating 
the Bills of Credit of these Governments or either 
of them, or otherwise to consider of some 
Method of bringing the s'' Bills to a Period in 
such a manner as shall be just & equal & most for 
the Interest of the Inhabitants of these Governm*'. I 
am likewise to acquaint your Honour that the Com- 
mittee for this Province have appointed that the 
Meeting shall be held at the Town of Worcester upon 
the first Wednesday in November next. If either 
the time or Place above mentioned be found incon- 
venient by your Government, It is desired that they 
together with the Governments of New Hampshire & 
Rh'' Island would agree upon some other place & time, 
& signify the same to our Committee (whose Names 
you will find in the inclosed Vote) or to the Chair- 
man, that so they may conform thereto. You will 



JOSIAH WILLARD. — MASSACHUSETTS BAY ACT. 99 

please to communicate this to the General Court of 
your Province at their first Meeting that so their In- 
tentions may be known to us as to this important^'Af- 
fair as soon as may be. 

I am 

Your Honours most obedient 
humble Servant 

JOSIAH WILLARD. 
Boston July 25. 1743. 
The hon*"^' Gov-" Law 



.MASSACHUSETTS BAY ACT. 

Province of the 
Massachusetts Bay 

In the House of Repres"'' June 22. 1743. 

Whereas the Bills of Credit of this Province & 
the Bills of New Hampshire, Connecticut & Rh'^ Island 
have obtained a Currency in Trade promiscuously 
thro the several aforesaid Governments. 

It is therefore Ordered that M'' Speaker, Mr 
Hutchinson, M' Oliver & M'' Cotton with such as 
the hon^'" Board shall appoint be a Com^'"'' to meet 
with such Gentlemen as may be appointed by each 
of the aforesaid Governments, in order to project 
some Measures for preventing the further depreciating 
the Bills of either or each of said Governments, or 
otherwise to consider of some Method for bringing 
the said Bills to a Period in such manner as shall 
be just & equal, & most for the Interest of the 
Inhab^' of these Governments. And the Committee 
of this Province are directed to agree upon & pro- 
pose a suitable time & place for Meeting, And the 



lOO LAW PAPERS. 

Secretary is directed to acquaint the several Govern- 
ments accordingly. 

The Committee of this Province to report their 
Proceedings herein to this Court. 

Sent up for Concurrence, 

T. CusHiNG Spk"- 

In Council June 22. 1743. Read & Concurd & 
William Pepperrell, William Dudley, & Jacob Wen- 
dell Esq" are joined in the Affair. 

J WiLLARD Secry 

Consented to, W Shirley 

Copy examined f-l J Willard Secry 



ANDREW STONE TO THE GOVERNOR AND COMPANY. 

Whitehall Aug^ 15'^ 1743. 
Gentlemen, 

The Lords Justices having taken into Consider- 
ation, the present uncertain vState of publick Affairs 
and the Danger, that His Majesty's Dominions, in 
America, may be exposed to, from any sudden 
Attempt, that might be made upon them, in case a 
Rupture with France should ensue ; in Consequence 
of the Steps, which His Majesty has already taken, 
in Support of the Queen of Hungary, and the Com- 
mon Cause ; and the vigorous measures, which the 
King is pursuing in all parts, for the same End; 
unless timely Care be taken to put the same into 
a proper posture of Defence ; Their Excellencies have 
commanded Me to signify to you Their Directions, 
that you should employ the most effectual Means for 
putting the Colony, under your Command, into the 
best Posture of Defence, that shall be possible, 



ANDREW STONE. — DECREE ON MOHEGAN CASE. lOI 

and that you should be constantly upon your Guard 
against any Surprize from any Quarter whatsoever. 
I am, Gentlemen 

Your most obedient 
humble Servant 

ANDREW STONE 
Gov' & Company of Connecticut 

[Indorsed] Andrew Stones Letter 1743 



DECREE OF COMMISSIONERS OF REVIEW ON MOHEGAN 

CASE.* 

At His Majesty's Court of Commissioners held at 
Norwich in Connecticut on y"^ Sixteenth day of 
August 1743 by vertue and in pursuance of his 
Majestys Letters Patent Under y*" Great Seal of Great 
Britain bearing Date at Westminster y*"- 8"' Day of 
January in y- 15"' year of his Reign Authorizing and 
impowring the persons therein named to Reexamine, 
Review, finally decide & Determine the Cause or 

* The Letters Patent authorizing this Court names the Lieutenant- 
Governor and nine members of the Council of New York and the Gover- 
nor and twelve members of the Coimcil of New Jersey, or any five or 
more of those named, as Commissioners "tore-examine, review, finally de- 
cide and determine the whole cause" or controversy between the Colony 
of Connecticut and the Mohegan Indians. The Court met and organ- 
ized at Greenwich, Conn., May 4, 1743; the Commissioners present being 
Archibald Kennedy, James DeLancey, Philip Cortlandt, Henry Lane, and 
Daniel Horsmanden, all of New York. The next meeting was held at 
Norwich on June 28, and subsequent meetings were held there almost daily 
until the date of the decree, Aug. 16. Final meetings were held at Nor- 
walk on Oct. 25 and 26; when after due proclamation "the commissioners 
departed without adjournment." The Commissioners present at each 
session of the Court after the first one were those who signed the decree, 
Colden, Cortlandt, and Horsmanden of New York and Rodman and Morris 
of New Jersey. 

The full proceedings of the Commissioners of Review are printed in 



102, LAW PAPERS. 

Controversy depending between tlie Governour and 
Company of y° English Colony of Connecticut in 
New England in America and the Mohegan Indians 
Present 

f Cadwallader Colden 

I Phillip Cortlandt 
The Hon^'"'' ■{ Daniel Horsmanden ^ Esq"" 

{ John Rodman | 

I Robert Hunter Morris J 
M^ Colden, M^ Cortlandt, and IVP Rodman Delivered 
their Opinion Upon the Merits of this cause in y*' 
following . Words viz' 

Having Carefully Examind & Reviewd all and 
Singular the Proofs, Decrees & vSentences & the whole 
Process had and made by and before Joseph Dudley 
Esq'' and others Commissioners in y*^ year 1 705 — • 
And allso Considered all new Allegations, Matters, 
Instruments, Writings and Proofs as well on y'' part 
of y'' Governour and Company of y° Colony of Con- 
necticut as on y'' part of the Mohegan Indians which 
have been proposd, exhibet[ed] and made to and be- 
fore this Court relating to t[he] merits & circumstances 
of this Cause, We are of Opinion as follows 

the volume entitled "Governor and Company of Connecticut, | and | Mohea- 
gan Indians, by their Guardians. | Certified Copy | of | Book of Proceed- 
ings I before | Commissioners of Review, | MDCCXLIII. | London: | Printed 
by W. and J. Richardson. | MDCCLXIX. | " quarto ; title, pp. xxi, 3-2S3 ; 
"A Map of the Moheagan vSachems Hereditary Country, Platted Aug' 
is' 1705. By John Chandler, Surveyor." is folded in facing p. 49. Copies 
of this rare volume may be seen in the library of the Connecticut His- 
torical Society and in the Connecticut State Library. A manuscript copy 
of the material contained in the above Book of Proceedings, certified by 
the autographs of three of the Commissioners, is also in the library of 
the Society. The manuscript differs from the printed copy in that it 
does not contain the map, or the certifications of the Commissioners' 
autographs which appear on the last two printed pages. Included with 
the manuscript and forming a part of the certified volume are printed 
copies of the Charter of Connecticut (New London, 1729) and of John 
Mason's "Brief History of the Pequot War," Boston, 1736, both of which 



DECREE ON MOHEGAN CASE. IO3 

First. That the English on Connecticut River 
on the 14"' of January 1638 enterd into Articles of 
Government and thereby agreed to vSubmit themselves 
to a Governour and Majestrates who were to be 
Annually Chosen. 

Secondly. That M"" Hopkins was in y" year 1640 
elected Governour and M' Haynes Deputy Gov"" of 
y*" Said English Subjects. 

Thirdly. That After having carefully considered 
and Inspected y'' Proofs and exhibets relating to y" 
Writing exhibited in Court bearing Date y'' 28"' of 
Sep"" 1640 purporting to be y'' Deed of Uncas alias 
Poquion Sachem of y*^ Mohegan Indians to y ■ Gov- 
ernor and Majestrates of y"' English, We are of 
Opinion that y" Said Writing carrys with it all y" 
Marks of the Antiquity it is Suppos'd to be of, — The 
Body of y Said Writing is agreed by all the Com- 
missioners who Inspected it to be of the Same hand 
writing with y'^ Records of y'' year 1639 exhibited 
in Court, and of a letter Dated at London y'" ist of 
May 1652 vSubscribd Edward Hopkins, — And That 
the Said Edward Hopkins was Governour of y' Said 
English in y"" year 1640, — the Name Tho' Stanton 
on y° Said Writing as Witness is the vSame hand writ- 
ing with an exhibt produc'd in Court which y'' dis- 



are reprinted in tlie 1769 volume. This manuscript volume is probably 
the one laid before the Commissioners at their last meeting, Oct. 26, 
1743, by the "agents of the governor and company . . . which copy, at 
their own expense, they have now ready drawn, to be compared and 
attested." The " Original Book of the proceedings of his Majesties Com- 
missioners in Connecticut A D 1743" was filed in the Secretary's office 
of the colony of New York, Feb. 3, 1743/4. 

The decree of the Court of 1705, which this decree revokes, is as follows : 

The said court do determine as followeth ; 

ist. That the said Oweneco is the true and undoubted Sachem of the 

Moheagan Indeans, being so owned by all of his tribe that were present 

at the Court, and also proved by living witness, of age and figure in 

the Colony, and also acknowledeged and treated with as the Sachm of the 



I04 LAW PAPERS. 

cendants of Thomas Stanton an Indian Interpreter 
about y'' year 1640 believe to be y'' hand writing of 
their Said Ancestor Tho Stanton, — That y^ Marks 
of Uncas and Poxan an Indian Witness thereto appear 
by y" heavy bearing of y*" hand on y' paper and the 
Irregularity and Stiffness in y* turnings to be made 
by persons not accustomed to form regular Shapes or 
figures and are done in Such manner as is not easy 
for any person to imitate. That y*^ Said Writing is 
the Genuine Act and Deed of the Said Uncas. 

Fourthly. That Uncas and Wawequay Sachems 
of the Mohegan Country by their Deed bearing date 
ye j^th q£ August 1659 Did convey to Major John 
Mason all the Lands then belonging to them. 

Fifthly. That y^ Intendment of Major Masons 
Surrender enterd at a General Court held at Hartford 
y"^ 14"' of March 1660 (at which time Said Mason 
was Deputy Gouernour and present in Court) was to 
yield up & Release to y*" Said Court or Governour and 
Magestrates whatever right he had to y'' Mohegan 
lands on Condition y' the Indians Shou'd at all 
times thereafter be provided with a Sufficient quantity 

said Moheagan Indians in several leagues and treaties between the said 
Colony and Uncas ; records whereof were produced in court. 

2d. That Oweneco himself and his ancestors, with his people, have 
at all times served the interest of the crown of England and the colony of 
Connecticut in times of war, and have faithfully kept their leagues and 
treaties with the said colony. 

3d. That the government of the colony of Connecticut have, at several 
times, and by\several treaties and orders, acknowledged Oweneco and 
his father Uncas, with the Moheagan Indians, to have lands of their own ; 
and accordingly settled the boundaries between the Moheagans lands, and 
such as had purchased of the said Indians. 

4th. That Oweneco and his ancestors, with the Moheagan Indians, had 
a very good and undoubted right to a very large tract of lands within the 
colony of Connecticut, [lying to the eastward of Connecticut river] and that 
the English inhabitants of the towns of New-London, Norwich, Stonington, 
and others, have acknowledged the right of the said Moheagan Sachem to 
those lands ; and many years since purchased of the said Oweneco and his 



DECREE ON MOHEGAN CASE. 105 

of land to plant on And that y'' Said Mason have 
land out of y" Same Sufficient to make a Farm 
which Farm was afterwards in y" year 1664 by the 
General Court at his desire granted to him. 

Sixthly That the Confirmation of y'' Said Grant 
in 1659 by y*" Deed of Uncas and his two Sons 
Owaneco and Attawanhood to y'' Said Major John 
Mason bearing Date y*" 20''' of May 1661 Enures to 
Confirm whatever Title the Said Governour and Maj- 
estrates had by y'' deed in 1640 and by vSaid Major 
Masons Surrender. 

Seventhly. That y'' Said Major John Mason did 
agree and Joyn with others of y" Said English prin- 
cipally concernd and interested in y" Colony of Con- 
necticut in a Petition to y" late King Charles y'' 
Second, and that y'' Said King Charles on y*" S'' 
Petition or Information by his Letters Patent under 
y*" Great vSeal of England bearing Date at Westmin- 
ster y*" 22"'' of April in y*" 14"' year of his Reign did 
incorporate and make them a body Politick by the 
name of TJie Govcnioiir and Company of the English 
Colony of Connecticut in Nezv England in America, And 

father considerable parcels of lands belonging to the said towns, of which pur- 
chases the said Oweneco is well satisfied, and makes no complaint. 

5th. That all the lands that were reserved and left remaining unto the 
said Oweneco and the Moheagan Indians in the year 1683, were distin- 
guished into planting and hunting grounds ; their planting ground, part of 
it, situate between New London and Norwich, and contains eight miles in 
length, and four miles in breadth ; one smaller tract about nine miles in 
length, and two miles in breadth, lying on the northern bounds of Lyme ; 
one other very large tract of hunting land, lying between the bounds of 
the towns of Norwich, Lyme, Lebanon, Metabesset, and Haddam. 

6th. That, for the better ascertaining and settling the bounds of those 
remaining lands of the Moheagans, the government of the colony of Con- 
necticut, in the year 1683, did impower a committee of several gentlemen 
(one of whom was the then governor) to settle the bounds between Uncas, 
the Indian Sachem, and the plantations to which his lands adjoined; which 
committee accordingly, in 1684, did run and settle the boundaries above- 
mentioned, and made return thereof to the general court, who approved 



I06 LAW PAPERS. 

did Grant to y*" Said Governour and Company a 
large Tract of land in America including all y*^ Mo- 
hegan Lands or lands in Controversy, whereby all 
the S'^ Mohegan lands were vested in y*" vSaid Gov- 
ernour and company in full & absolute property and 
Right in law for y" Uses & purposes Mentiond in 
y' S^ Letters Patent, And that the vS'^ Major John 
Mason by his Petition, his accepting of and acting 
in y"' ofhce of Deputy Governour, by vertue of y" 
Said Letters Patent declares his Acceptance of and 
Acquaintance in the vSaid Grant. 

Eighthly As the vSachems of the Mohegan In- 
dians had no Right remaining in them to any of 
}'•" lands in Controversy besides an aquitable right to 
a quantity of Land Sufficient for their vSubsistence 
by planting, nothing cou'd pass by y'^ Deed of Uncas, 
Owaneco & Attawanhood to Major Mason Dated y*^ 
14"" of December 1665. 

Ninthly. That as no Right to or power over 
the Lands mentiond and Describd in a deed or 
Writing vSubscribd by John Mason and Dated y*^ 
ninth day of May 1671 appears to be in ye' vSaid 
John Mason the Said Deed can have no effect. 

and recorded the same, as appears by record; which survey, since the 
arrival of this commission, has been revised by Captain John Chandler, the 
late surveyor of the lands of New-London, with others in company with 
him, of which survey a plat has been exhibited to the court by the said 
Chandler. 

7th. That Uncas, the father of Oweneco, to secure his lands, or some 
good part of them, to his family and people, in the year 1659, and again in 
the year 1665, did make over his lands in that country to Major John 
Mason, deputy governor of that colony, and of great friendship with Un- 
cas, for the Indians use; and the said Mason, in the year 1671, the better to 
secure some of their lands to them and their posterity, reconveys, to Un- 
cas and others, and their heirs, that tract of land between New-London 
and Norwich, for their planting, with an express limitation on that deed, 
that neither they nor their heirs should ever alienate the same, which after 
that time passed commonly by the name of the sequestered lands. 



DECREE ON MOHEGAN CASE. 107 

Tenthly. That it dotli not Appear to be y^' In- 
tention of the General Court to affect by their act 
of 1680, any Lands claimd or possesd by Uncas. 

Eleventhly. That the Resignation by Uncas of 
all his Lands and Territorys by y*^ Treaty between 
him & the Government of Connecticut y"' 18"' of 
May 1681, May and dos operate as a quitclaim or 
Release of all claims and Demands in Consideration 
of certain things afterwards to be done and per- 
formd by y'' Said Government, And y' y'' Said Gov- 
ernment might well accept of Such Quitclaim on y" 
Conditions agreed to by y"" Said Treaty without any 
impeachment to their former Right, more especially 
if it be considered that one of y'^ partys to that 
Treaty were Indians a barbarous People not then 
Subject to y° regular course of any Law, easily mis- 
led by Misapprehensions, and as easily provok'd to 
violent Mischevous Actions, And that Considering y' 
Grants of these lands had probably been Obtaind 
upon Considerations of Small value to y'* English, 
and that The Lands then were of much greater value, 

8th. That the government of Connecticut did approve of the said Major 
John Mason's being procurator, or guardian of the Moheagan Indians dur- 
ing his life, and of Major Samuel Mason, his son, after his death ; and in 
the year 1660, do provide and determine, that the lands of the Moheagans 
should be disposed of, and ordered by the said Mason ; and, in the year 
1692, for the more effectual securing to the said Sachem and Moheagans 
their reserved remaining lands, direct and determine, that none of the 
lands recorded and confirmed to Oweneco, should, for the future, be passed 
away, without the consent of Captain Samuel Mason aforesaid. 

gth. That, contrary to the reservations, treaties, and settlements above 
recited, the government of the colony of Connecticut have granted away 
considerable tracts of the planting grounds of the said Moheagans, amount- 
ing to about three thousand acres ; and in particular, to the present governor 
of the said colony, and Gurdon Saltonstall, the minister of New-London, 
four hundred acres, which, upon oath, is found to be eleven hundred and 
upwards; and, in October last past, the government aforesaid, by a patent 
under the seal of the colony, granted the whole tract above mentioned, be- 
ing the planting ground of the said Indians, to the proprietors of New 
London and their heirs for ever. 



I08 LAW PAPERS. 

And did dayly grow more valuable, The vS*^ Gov- 
ernment of Connecticut might out of aquitable and 
grateful Consideration towards y*' Said Indians Cov- 
enant with them as is in y"^ vSaid Treaty. 

Twelfthly That in pursuance of y"" Said Treaty 
in 1 68 1 the Government of Connecticut in y'' year 
1683 ordered y^ Boundarys of ye Mohegan Countrys 
to be Settled which was accordingly done y° year 
following, And it appears as to the lands in Con- 
troversy that in pursuance of y'' Said Treaty reiterated 
purchases were made from y'' Mohegan Sachems of 
all the Lands in Controversy excepting those which 
y" Said Indians Stil possess. 

Thirteenthly That by act of y* General Assembly 
yi. j^i'' of October 1692 The Land Sets apart by 
Major Mason in 1671 and enterd on Record & 
which were afterwards call'd y'' Sequesterd lands are 
confirmd to Owaneco and his son Mahomet and are 
vSupposd to be more than Sufficient for y'^ Subsistance 
of y" Mohegan Indians by y^ leave given to S* 
Sachem to vSell of them with y"' Consent of Samuel 
Mason and vSome parts of vSaid Sequesterd lands were 

loth. That the said Sachem and Moheagan Indians have been very 
unjustly dispossessed and turned out of a tract of planting ground, called 
Massapeage, lying within the township of New-London ; the improvement of 
which land is reserved, by the said Sachem and JNIoheagans, to themselves, 
by their deed to New-London. 

nth. That the town of Lyme, under pretence of their grant of their 
township from the colony, have taken into their improvement that tract of 
the Moheagan lands bounded upon their township, containing about nine 
miles in length, and two miles in breadth. 

12th. That one other very large tract of their hunting ground is 
granted away from the Moheagans to the township of Colchester, viz. 
that large tract of land between Norwich and Haddam, Lyme, Lebanon, 
and Metabesset. 

13th. That the said Moheagan Indians are a considerable tribe or 
people, consisting of one hundred and fifty fighting men, formerly a much 
greater number, and cannot subsist without their lands, of which they 
have been deprived and dispossessed as aforesaid. 



DECREE ON MOHEGAN CASE. IC9 

accordingly Sold with the Consent of y' S'^ Mason 
but this Act contains no confirmation or allowance 
of John Masons power to Entail or Grant by him- 
self as by his Deed in 1671. 

Fourteenth, That if it be Suppos'd that y'^ 
Indians Since y*" Kings Letters Patent of 1662 have 
a Title in law to any part of y'' Mohegan Country 
they have conveyd y'' Same to y" Kings Subjects 
of y'' Colony of Connecticut by Sales and Convey- 
ances well made Since that time. 

Fifteenth, That after Caesar than Mohegan 
Sachem's Sale and Grant to Peter Mason for y' Use 
of the Town of New London by deed dated y'' 30"' 
of May 171 5 if the Government of Connecticut had 
not interpos'd y* Mohegan Indians would not have 
had one foot of land in y"' Colony of Connecticut. 

Sixteenth, That y" Governour and Company hav- 
ing procur'd and obtaind from y'' Town of New 
London a Surrender of the vSaid Deed of y* year 171 5 
to Peter Mason & afterwards by Act of their Gen" 
Court of the iith of May 1721 Effectually and for 
ever Secured a Tract of between four and five Thou- 



That the said Owenego with his people hath been extremely disturbed 
and grieved at the proceedings beforementioned of the colony of Connect- 
icut towards them ; and have frequently applied themselves to the general 
assembly of the said colony, by their agents, Major Samuel Mason and 
Captain Daniel Clark, for redress, but could obtain none ; whereby they 
have been reduced to great want and necessity, and, in this time of war 
are in great danger of deserting their ancient friendship. 

Whereupon, the said court are unanimously of opinion, that the said 
Oweneco and the Moheagan Indians ought to be restored to, and put into the 
possession of, the said lands, having been unjustly deprived and dispos- 
sessed of them ; any act or order of the genei-al assembly of the colony of 
Connecticut, or other proceedings, to the contrary notwithstanding. 

It is therefore considered and determined by the said court of our said 
lady the queen, that the said Oweneco Uncas and the Moheagan Indians 
shall be immediately put into possession of all their planting ground, lying 
between New-London and Norwich, containing eight miles in length, and 
four miles in breadth, or thereabout, as the same is surveyed and marked ; 



no LAW PAPERS. 

sand acres of land Scituated on y'' Mohegan River be- 
tween New London old line and Norwich for y'^ use of 
y'= Mohegan Indians, and the Said, lands being- reputed 
good & valuable Lands the Same is Sufficient for y® 
Tribe or Nation of Mohegans to plant on for their 
Subsistance 

Seventeenth That the Governour and Company of 
y° Colony of Connecticut have treated y* vS'^ Indians 
with much Humanity at all times and have at all 
times provided them with a Sufficiency at least of 
lands to plant on — and that no Act or thing Appears 
either before y" Said Judgment of Joseph Dudley Esq"" 
or Since by which they y* vS*^ Governour and Com- 
pany had taken from y^ Said Indians or from their 
Sachem any Tract or Tracts of Lands to which y® 
Said Indians or their Sachem had any Right by 
Reservation or otherwise either in Law or Equity. 

Lastly That y* Said Judgment of Joseph Dudley 
Esq"" and others in y'' year 1705 in every part thereof 
except So far as relates to y*" Said Tract of between 
four and five Thousand Acres of Land Secured to & 
Settled on y*" Mohegan Indians by y'' Said act of the 
II*'' of May 1 72 1 ought to be Reversed & Declared 
Null and void. 



as also of another smaller tract upon the north bounds of Lyme, contain- 
ing nine miles in length, and two miles in breadth, the westerly end 
whereof lies upon Connecticut river ; and also one other larger tract of 
hunting land between the bounds of Norwich and Haddam. 

And also, that the said Oweneco and the Moheagan Indians be i-estored 
to the improvement of their planting ground, called Massapeage, within 
New-London aforesaid ; and also that the said Oweneco Uncas recover 
his just costs and charges. 

And that the governor and company of the colony of Connecticut, ac- 
cording to her majesty's pleasure, signified to them in her gracious letter, 
bearing date the 2jd of March 1703, be certified of the determination afore- 
said, and be required immediately to cause the said Oweneco Uncas and 
the said Moheagan Indians to be restored to the enjoyment and possession 
of the several tracts and parcels of lands above recited. 

Book of Proceedings. 



DECREE ON MOHEGAN CASE. I I I 

Whereupon it is Considered, Determind and 
Decreed by y'' Court of our Lord y'' King 

That y^ Definitive Decree in Writing by Joseph 
Dudley Esq"", Edward Palmes, Giles Silvester, Jahleel 
Brenton, Nathaniel Byfield, James Avery John Avery 
John Morgan and Thomas Leffingwell Made & pub- 
lished on y" 24"' of August in y'^ year of our Lord 
1705 In favour of Owaneco LTncas (then chief Sachem 
of y*" Mohegan Indians and y^ Mohegan Indians at 
a Court of Commissioners then holden at Stoning-ton 
in Said Colony by vertue of & in pursuence of Letters 
Patent from her late Majesty Queen Anne bearing 
Date at Westminster in y* 3'' year of her Reign, And 
every part thereof be Revoked, repealed and Made 
void Excepting only as to vSo much of the Said 
Definitive Decree as concerns that part of the Se- 
questerd lands lying between New London old line 
and y* South bounds of Norwich containing between 
four and five thousand acres, now in y* Possession of 
y*" Said Mohegan Indians and Secured to them by 
one Act of Assembly of the Colony of Connecticut 
passed on y"" 11"' Day of May 1721 — And the Said 
Definitive Decree and every part thereof Excepting 
as before Excepted is hereby Revoked, Repeald and 
declared Null & Void. 

And as to y* Said Lands So Secured to the 
Said Indians by Act of Assembly as Afores*^ the 
Said Definitive Decree is hereby Affirmed & Decreed 
to be good Valid and Effectual. 

CADWALLADER COLDEN 
PHILLIP CORTLANDT 
DAN. HORSMANDEN* 
JOHN RODMAN 
ROB'r : H : MORRIS 

* See Daniel Horsmanden's dissenting opinion under date of May 29, 1744. 



112 ■ LAW PAPERS. 

LORDS OF THE ADMIRALTY TO THE LORDS JUSTICES. 

May it please Your Excelleneys, 

The Difficulty of keeping His Majesty's Ships of 
War, that are employed in America, sufficiently 
inanned to perform the vServices they are sent on, is 
in its self great, from the unavoidable Causes of Death 
& Desertion, the latter of which is grown familiar 
among the Seamen, either for the sake of high 
Wages given by the Merchants, or from their own 
natural Levity ; But the Obstructions given by the 
People of those Colonys to the usual Methods of 
pressing, made use of by the Captains of His Maj- 
esty's Ships, to recruit their Complements, have of 
late been so violent, & carried on with such In- 
stances of Contempt of Government, & such personal 
ill Treatment of the Captains that We think it in- 
cumbent on us humbly to lay before Your Excys, in 
the annexed Paper, Copys of the Complaints we have 
received from the said Captains on that Head, within 
little more than the Space of a Year past, whereby 
Your Excys will perceive, that some of the said Cap- 
tains have been mobbed, others emprisoned, & after- 
wards held to exorbitant Bail, & are now under 
Prosecutions carried on by Combination, & by joint 
Subscription towards the Expence. 

The chief Reason, that we can find for such Op- 
position is a Belief prevailing among the People 
there, that the American Act made in the War of 
Queen Anne, which forbid pressing in America, is 
still in Force. 

AVe have sent to the respective Governors & 
Judges of Vice Admiralty in all the Colonys ; the 
Opinion of vS' Edward Northey, & of the present 
Attorney General, & of S' John Strange all agreeing, 



LORDS OF ADMIRALTY TO LORDS OF JUSTICE. II3 

that the said American Act expired with the War, 
in which it was made ; Copys of which Opinions, & 
of the Letters accompanying the same, to the Gover- 
nors & Judges of the Vice Admiralty are annexed. 

In the Press-Warrants, which we give to the 
Captains of His Majesty's Ships in America, they 
are strictly required not to distress either the Mer- 
chant Ships, or the Privateers, Copy of which Warrant 
is annexed ; & the Captains inform us, that it is 
their usual way to take only one Man out of five 
or six, & if they have any Spanish Prisoners, they 
allow them One for each Englishman so prest, to 
assist in navigating the Merchant Ship home to 
England. 

The Governors of the Colonys appear indeed to 
show a Disposition to help the Captains of His 
Majesty's Ships to get Men, when they apply to 
them ; but whether that Disposition be real, or that 
they want Authority, the Captains find little or no 
Help from them to procure Seamen, nor even to 
protect them from the Rage & Insults of the People. 

The Consideration therefore of the many ill Con- 
sequences that may attend His Majesty's Service if 
the Captains of the Men of War are liable to be 
thrown into Jail, abroad in the Plantations, by any 
disaffected Persons, at a time perhaps that they are 
going on some Expedition or Service of Importance 
against the Enemy, & always while they are in the 
Execution of their Orders to protect the Colonys & 
their trade ; That such ignominious Usage exposes 
their Commission to Contempt, & makes them less 
able to maintain their Command on board His Maj- 
esty's Ships with Honour & Discipline, & also that 
while the Opinion remains of the American Act being 
in Force it will be impossible for His Majesty's 



I 14 LAW PAPERS. 

Ships to recruit the Deficiency of their Complements ; 

are our Reasons for humbly laying this Matter before 

Your Excys ; to whom it is humbly submitted. 

WINCHILvSEA 
J. COKBOURNE 

Admiralty Office BALTIMORE 

26"^ Sepf 1743 GEO. LEE- 

To Their Excys the Lords Justices. 

[Indorsed] Copy of the Representation of the Lords of 
the Admiralty to Their Exc'ys the Lords Justices. 
26"' Sept'" 1743. 



THOMAS CORBETTf TO THE GOVERNORS IN 
AMERICA 

Copy of a Letter from M' Corbett 
to the several Governors of his Maj- 
estys Colonies in America dated the 
19"' August 1743. 

My Lords Commissioners of the Admiralty hav- 
ing had frequent Complaints made to them by the 
Commanders of his Majesty's Ships & Vessels in 
America, that they are often interrupted in their en- 
deavours to procure Seamen to make up their Com- 
plements in order the better to enable them to exe- 

* Daniel Finch, seventh Earl of Winchelsea and third Earl of Not- 
tingham, was appointed first Lord of the Admiralty March 16, 1741. Charles 
Calvert was sixth Lord Baltimore. George Lee was appointed a Lord of 
the Admiralty March ig, 1742. Dictionary of A^ational Biography; Colli iis's 
Peerage of England. 

*t Thomas Corbett was secretary to Viscount Torrington during an 
expedition to Sicily, 1718-1720. On his return to England he was ap- 
pointed Under Secretary of the Admiralty. In 1742 he became Senior 
Secretary and probably held that office imtil his death in 1751. Diction- 
ary of National Biography. 



THOMAS CORBETT. II5 

cute their Lordships Instructions for protecting the 
Trade of the Colonies they attend on, and annoying 
the Enemy ; and it appearing to their Lordships, that 
the obstructions the Captains meet with from the In- 
habitants in America & Masters of Merchant Ships 
trading there, is chiefly grounded upon an Opinion 
prevailing among them, that the American Act, made 
in the Reign of Queen Ann, prohibiting the press- 
ing in America is still in Force ; I am commanded 
by their Lordships to send you the inclosed Opinions 
of Sir Edward Northey ; His late Majesty's Attorney 
Gen', and of Sir Dudley Ryder Attorney, and S"" John 
Strange vSollicitor Gen', by which you will plainly 
see, that the American Act, on which the Inhabi- 
tants and Masters of Merchant Ships lay so much 
Stress, expired at the end of the late French War. 

Their Lordships hope that when these Opinions 
come to be better known in the Colonies, And that 
the people there are sensible that His Majesty's 
Ships want Men for no other use than to pro- 
tect their Trade and Settlements, and guard them 
from their Enemies, there will not be any more 
such Disputes raised, and obstructions given to the 
necessary Work of Manning them ; And their Lord- 
ships recommend it to you to settle Men's Minds 
on this point, as you see occasion, and to give all 
necessary Assistance to His Majesty's Officers to pro- 
cure Men, when they apply to you for that purpose. 
[Indorsed] Copy of a Letter from M"" Corbet to the 

Governors in America. 

in the Lords of the Adm*^''^ of Sepf 26*'" 1743. 



Il6 LAW PAPERS. 

OPINIONS ON THE AMERICAN ACT.* 

Copy of the Opinion of the late Sir 
Edward Northey His Majesty's Attor- 
ney General, in Relation to the Amer- 
ican Act, dated the lo*'' : February 
171 5/6. 

I am of the Opinion that the whole American 
Act was intended, and appears to have been intended 
only for the War. 

EDWARD NORTHEY. 



Copy of the joint Opinion of Sir 

Dudley Ryder Attorney, and Sir John 

Strange Solicitor General, in relation 

to the American Act dated the 1 7"^ July 

1 740. 

We have perused the several Clauses in the 
American Act, and by comparing the several Clauses 



* Anno sexto Annae [1707] Cap. XXXVII. 

An act for the encouragement of the trade to America. 

IX. And be it further enacted by the authority aforesaid, That no 
mariner or other person who shall serve on board, or be retained to serve 
on board any pi'ivateer, or trading ship or vessel, that shall be imployed in 
any part of America, nor any mariner, or other person, being on shoar in 
any part thereof, shall be liable to be impressed or taken away, or shall be 
impressed or taken away by any officer or officers of or belonging to any of 
her Majesty's ships of war, impowered by the lord high admiral, or any 
other person whatsoever, unless such mariner shall have before deserted 
from such ship of war belonging to her Majesty at any time after the four- 
teenth day of February, one thousand seven hundred and seven, upon pain 
that any officer or officers so impressing or taking away, or causing to be 
impressed or taken away, any mariner or other person contrary to the 
tenor and true meaning of this act, shall forfeit to the master, or owner or 
owners of. any such ship or vessel, twenty pounds for every man he or 
they shall so impress or take, to be recovered with full costs of suit, in 
any court within any part of her Majesty's dominions. 

Pickering^s Statutes at Large, XI, 43^. 



LORDS OF THE ADMIRALTY TO CAPTAINS. 11/ 

together, it seems to us that the Act is not now in 
force, but expired at the end of the then War. 

D. RYDER. J. STRANGE. 



LORDS OF THE ADMIRALTY TO CAPTAINS OF SHIPS 
IN AMERICA. 

Copy of an Order from the Lords 
Commiss" of the Admiralty, to 
the several Captains of His Majes- 
ty's Ships in America. 

Whereas You will herewith receive Press Warrants 
to enable You to raise Men for keeping up as much 
as possible the Complement of the Ship under Your 
Command, You are hereby required and directed to 
put the same in Execution for that purpose, as there 
shall be Occasion : But as it is not meant, that the 
Trade of His Majesty's vSubjects in America, or Ships 
provided with Letters of Marque to Cruize against 
the Enemy, should be distressed thereby, but only 
that such prudent Use be Made of said Press War- 
rants, as may enable You to procure Men to Make 
up Your Complement, when proper Opportunity offer 
of it. You are to take great Care, that no Indiscreet 
or LTnreasonable Use be made of them, and never to 
Molest the Chief Officers, such as the Master, Mate, 
Boatswain, or Carpenter, or any Seamen found on 
board with Protections granted by Us, pursuant to 
Act of Parliament Given under Our hands &c\ 

[Indorsed] Copy of an Order to the Captains of His 
Majty's Ships in the West Indies, 
in the Lords of the Admty's of Sepf 26"' 1743. 



Il8 LAW PAPERS. 

LETTERS FROM CAPTAINS OF SHIPS IN AMERICA. 
Extracts of Letters from Commanders of His 
Majesty's Ships Stationed at the Colonies in Amer- 
ica, representing the Difficulties they lye under, in 
procuring Seamen to keep up their Complements. 

Capt Scott of the Astrea vStoreship, dated 
at New England, the 26*'' of June 1741. 
I am now ready to proceed to Jamaica with a 
Loading of Masts for the Fleet there, and should have 
sailed sooner, but was delayed for want of Men, 
between 40 & 50 having deserted by the Entice- 
ments of the People at Boston, and the large Wages 
given by the Merchants ; and tho' I made several 
Remonstrances to the Governor, in order to procure 
Men, it proved ineffectual, for I had no Relief from 
him so that I was obliged to lye in Nantasket Road 
till I had pressed a sufficient Number of Men from 
Merchant Ships to enable me to proced with the 
Ship to Jamaica. 

Capt Hardy of the Rye, dated at South 
Carolina, the 26*'' of April 1742 
I should have been ready to have Sailed sooner, 
had I not met with great Difficulty in getting Men 
to compleat my Complement. I was pursuing the 
usual Methods of pressing out of Merchant Ships, with 
as much Caution as possible not to injure the home- 
ward bound Trade, when a Merchant of this Place 
took the Advantage of an Act of Parliament made in 
Queen Annes time, that lays a fine of 20' Sterling 
arid Costs of Suit if an Action is brought against 
any Officer who shall impress any vSeaman out of 
a Privateer, or any trading Ship on the Coast of 



LETTERS FROM CAPTAINS OF SH I PS IN AMERICA. II9 

America ; which Proceedings discouraged me from 
pressing any more. 

Capt Hardy of the Rye dated at South 
Carolina the 3'' of January 1742/3 

The vSpy Sloop being otherwise ready to Sail on 
a Cruize for protecting the Trade, but wanting Thirty 
Seamen of her Complement, I applyed to the Lieut^ 
Governor for his Assistance in procuring them who 
issued his Warrants for that purpose ; but they were 
attended with no Effect because the Governors War- 
rants have always this Restriction, that the Constables 
or Captains of the Watch, who execute them are 
not to take up any Seamen belonging to any Mer- 
chant Ship in the Port. 

The Spirit of prosecuting on the Statute of the 
6"' of Queen Anne reigns here more than ever ; 
insomuch, that I am informed the Merchants have 
entered into a Subscription to prosecute Capt. Hamar 
on his Return from his Cruize, for every Man he 
impressed ; and they ' declare it is their Intention to 
prosecute every Captain of a Man of War, who shall 
impress any Seamen out of their Ships 

Capt Hamar of the Flamborough dated 
at Carolina the 18"' Dec'" 1742. 

I should have been ready to sail on a Cruize three 
Weeks ago, but that I wanted Seamen, whom I was 
obliged to get by pressing out of Merchant Ships as 
they came in, as I could get no Assistance from 
the Government here ; but on the Contrary I am 
informed that several Masters of Merchant Ships and 
others are collecting together a Sum of Money, in 
order to prosecute me and all the Captains of His 



I20 LAW PAPERS. 

Majesty's vShips on this vStation for impressing their 
Seamen. 



Capt. Hamar of the Flamborough dated 
at Carolina the i'^ of March 1742/3 
I am in want of Men, which I apprehend will 
be with very great Difficulty got here, as the trad- 
ing People seem resolved to put the Law in Execution 
against impressing of Seamen ; and We have found 
by Experience, that the Lieu* Governor is but little 
able to furnish us with vSeamen. 

Capt Bladwell of the Swift Sloop dated 
at Carolina the i'* July 1743. 

Great Inconveniences & Hardships attend Us all in 
getting Men to do the Duty We are sent upon. 
Since I have been in this Port I have prest twelve 
Men, taking one out of Six, which is very easy, 
and not hurting the Trade, of whom I have been 
obliged to return seven, or should have been sued by 
the Lawyers ; and I am now Eleven Men short of 
Complement. Capt Hardy is now under Arrest, and 
has given in Bail. I hope their Lordships will take 
this matter into Consideration, or I believe His 
Majesty's Ships here will be obliged to lye in Har- 
bour, instead of guarding the Coast from Our Enemies. 

Capt Ellis of the Gosport dated at New 

York the 9"' of June 1742. 
I applyed to the Governor, acquainting him with 
the Desertion of Our Men, being above 100 short 
of Complement, and desired an order of Council might 
be made to take up every Seaman that had not a 
Pass: he mentioned it to the Council, but they did 



LETTERS FROM CAPTAINS OF SHIPS IN AMERICA. 121 

nothing in it. I am informed by the Governor, 
there is an Act of Parliament at the first settling 
these Colonies, that no man shall be pressed here, 
on the Penalty of twenty Pounds, and is not repealed 



Capt. Ellis of the Gosport, dated at New- 
York the 3'^ Septem'' 1742. 

On the 23'' of July I acquainted the Governor 
that the only Obstacle to our Proceeding to Sea, to 
protect the Province from the Enemy, was the Want 
of Hands, and desired his Assistance ; he accordingly 
issued Warrants for taking up Idlers & such Seamen 
as did not belong to any Merchant Vessell ; This 
proving ineffectual, and receiving an Order to repair 
immediately to the Relief of Georgia, I communicated 
the same to the Lieu' Governor who called a Council 
thereupon & pursuant to their Advice, I advertised for 
Volunteers, promising to discharge them at my Return 
from the Expedition But this had no Effect ; upon 
which I again applyed to the Lieu^ Governor and 
desired an Embargo might be laid upon Merchant 
Ships till His Majestys vShip was manned ; he inform'd 
me by Letter " That he had communicated my Request 
to the Council who were unanimous against an Em- 
bargo"; and added " I hope some effectual Method 
will be taken to man the Station Ships, for the 
exorbitant Wages the Merchants Give will unavoid- 
ably occasion great Desertions " upon this I repre- 
sented, that I must be obliged to make use of the 
only Method left to Man the King's Ship by pressing 
Seamen out of all Merchant Ships that attempted to 
pass by me, for which the Merchants threatned to 
sue me, and the Mob to take away my Life 



122 LAW PAPERS. 

Capt. Gordon of the Hound vSloop dated 
at Virginia the 9"' June 1743 

The greatest Grievance to His Alajesty's Officers 
is just started up here, which if not duly attended 
to, may be of very bad Consequence to the Service 
in general. Several Traders have entered into a 
Combination to prosecute every Captain who shall 
press a Seaman in Virginia, tho' it be even a Deserter 
from his own vShip ; and in Consequence of this, Capt 
Dandridge of the South vSea Castle and my vSelf are 
under prosecutions ; Capt Dandridge for taking one of 
his own Deserters from a Vessel ; and my Self for 
taking Men from an outward bound Ship, when it is 
notorious that I have never taken a Man out of any 
outward bound Vessel since my being on the Station, 
and very few from the homeward ; as will appear, if 
ever there shall be a Tryal. 

Capt Lisle of the vScarborough dated at 
Barbadoes the 11"' Dec' 1742. 

No Ships having arrived here since my coming in 
has hindered my Compleating mxy Complement of 
Men and West India Governors are so tenacious of 
what they call their Prerogative, that it's difficult to 
raise any from the Shore. The Tenets they hold 
here are of full as ill Consequence to Trade as to 
His Majesty's Service. 

Capt Knowles of the Suffolk, dated the 

21"' Septem"" 1743. 

The Squadron lately under my Command, being 

at Antigua refitting after the Attempts made upon 

la Guira & Porto Cavallos, and being greatly Weakned 

and reduced by the Actions at those Places, and a 



LETTERS FROM CAPTAINS OF SHIPS IN AMERICA I 23 

Privateer coming into the Harbour on the 3'^ of 
June, Capt. Gage of the Lively sent his Lieutenant 
and Boats to press her Men ; but the Privateers Peo- 
ple Arming themselves confined the Lieutenant and 
Boats Crew, fired at the other ; and run away with 
the Boat; and at the same time a Merchant Ship 
coming out of the Harbour ; the Privateer fired at 
her and obliged her to send Boats to assist them in 
making their Escape, soon after I procured Rouse a 
Lieuten* of the Privateer, and Chief Ringleader in 
the Affair to be secured, in order to prosecute him 
to the Rigor of the Law, to prevent others from 
making the like Resistance to the King's vShips ; But 
several People of the Island, who hired the Priva- 
teer, applying to Governor Mathew, and a great Mob 
being raised, who were joined by vSeveral of the Pri- 
vateers People armed, M"" Mathew thought fit to re- 
lease Rouse, and the next Day my Self & Capt Gage 
were arrested & Carryed to Goal where We remained 
two Days & a Night, 'till We gave Bail in twelve 
Thousand Pounds each. A few Days after a Habeas 
Corpus was procured for' the Releasement of several 
of the Privateer's Men, who some of the People that 
hired the Privateer, understood were still on board 
the Suffolk or Lively ; and my Self & Capt Gage were 
threatned to be arrested in another Action, if We 
refused to comply with it ; whereupon I applyed to 
Gov'' Mathew to interpose his Authority, which he 
attempting to do, they clamoured loudly against him, 
and advised him not to concern himself in the Af- 
fair, urging it was a Matter of Common Law 
and what he had no Business with. 

A short time after, Capt Smith, Comander of the 
Pembroke's Prize, impressed some Men at S*^ Chris- 
tophers ; upon which the Privateers Crew joined with 



124 LAW PAPERS. 

People there in an armed manner, came of in the 
Road, seized the King's Boat hauled her on Shore, 
and threatned to burn her, if the Capt. would not 
return the prest Men, which he was obliged to do, 
to save his Boat, and People's Lives ; and after they 
were released, the Captain was sued in an Action of 

[Indorsed] In the Lords of Adm'^ of Sepf 26"' 1743. 



BENJAMIN COLMAN TO ROGER WOLCOTT. 

Boston Sep^ 22. 1743. 
Si?' 

I am favour'd with your Honours obliging Com- 
mands, & your Communication to me of ye Judgment 
of ye late Hon^'"'' Commissioners from ye King, in 
favour of your Colony & of the Moheag Tribe ; on 
W' I heartily congratulate your Hon'" & the Colony^ 
& pray your Honour to make my Compliment to Gov- 
ern'' Law thereon ; beseeching God to give alwayes 
much of the Spirit of Wisdom to ye Government ; 
& have it alwayes in all its just Liberties & Prop- 
erties, under his Gracious Protection. 

A Ship being just ready to sail for London, I 
have already transmitted ye Papers you covered to 
me, together with Your Honours Letter to me, & Coll. 
Bulkleys & ye Rev'', AP Adams of New London also ; 
& commended them to ye careful Inspection & Re- 
gard of my Hon<i Friends D"" Benj'' Avery Chairman 
of ye Committee of the Dissenters, whose Access to 
ye Great Ministers of State is alwayes open & his In- 
fluence great as ye Representative of so great a Body 
in ye Election of Parliament Men ; & also of Henry 
Newman Esqr who is known & esteemed highly by 



BENJAMIN COLMAN. ' 1 25 

a multitude of Superior Persons in State & Church, 
for his Virtue & Integrity ; & also to Cap*- Thomas 
Coram in the Naval Office, whom had I wrote to, 
as I did to M' Holden, when M' Mason went over he 
had never got access to ye King as he did w'*' his 
Indians; for it was by M"" Corams Interest in a Noble 
Duke (as he wrote me with a Sincere Pleasure in 
what he had done) that ye King saw them & gave 
Mason some hund. Guineas to support him & his 
Sham Sachem in their Efforts against ye Colony & 
your Moheags : When I inform'd Cap*^ Coram of ye 
wrong Step he had taken, he much regretted it, & 
renounc'd Mason as a Cheat ; & I doubt not wil 
now readily joyn with ye other Gentlemen in detect- 
ing & opposing it. 

The worthy M"" Palmer, your Agent is intimately 
known to D' Avery, & vastly esteemed by Him ; & 
I have desired M' Newman to communicate all ye 
Papers & Letters to him ; altho' I have not written 
my Self to him, believing that he wil receive ye full- 
est & speediest Account from your Government. 

I hope His Honour Govern"" Law, wil with Your 
Honour Coll. Bulkley & M' Adams, think well of the 
Steps I have taken at their Desire in the Service of 
your Colony ; which it is very likely wil be my last, 
for in less than a Month I shal have compleated my 
Seventieth Year ; a life w' "^ when I look back upon 
has I think been more filled with Services of a pub- 
lic Nature, a little out of my private Line, than in 
those of my particular Station & Office: but therefore 
(it seems to me Sometimes) that God led me in my 
Youth to England, & wil of his free Grace in Christ 
Jesus our Lord forgive the Unprofitableness of it. 

I entreat Your Honour to spare me my particu- 
lar Acknowledgments to Coll. Bulkley & M"' Adams 



126 LAW PAPERS. 

for their kind Letters, & let 'em know with what 
Pleasure I have endeavoured to answer their Desires ; 
& am their & Your Honours 

most Obliged & Obedient 
Humble Servant 

BENJAMIN COLMAN 
L. Gov Wolcott 
[Superscribed] For the Honourable Roger Wolcott Esq 

Dep*'' Govern"" &c at Windsor 
[Indorsed] D'' Coleman Sep"" 22 1745* 

ANDREW STONE t TO THE GOVERNOR AND COMPANY. 

Whitehall. October r' 1743. 
Gentlemen^ 

I am commanded, by Their Excellencies The 
Lords Justices, to transmit to You, herewith, a Rep- 
resentation from the Lords Commiss" of the Admi- 
ralty, Setting forth the Obstructions, given by the 
Inhabitants of His Majesty's Colonies, and Planta- 
tions in America, to the Captains of His Majesty's 
Ships of War, in procuring Men to recruit the Comple- 
ments of Their Ships, and in retaking such Sailors, as 
have deserted from them : and Complaining particularly, 
That Several of the said Captains had, been insulted by 
the Populace, and forced to release such Men, as They 
had impressed, and even Deserters from Their own 
Ships: And That other Captains had been impris- 
oned, or forced to give exorbitant Bail upon Actions 
brought against Them, .for impressing Seamen ; 



* This date is an error for 1743, caused probably by the indistinctness 
of the date at the beginning of the letter. 

■I" Stone was a man of much political activity and influence and a holder of 
many official positions. In 1744 he was a secretary to the Lords Justices, 
and apparently he held that position at the time of writing this letter. Dic- 
tionary of N'ational Biography, 



ANDREW STONE. 1 2/ 

Which Proceedings Their Lord'" represent to be oc- 
casioned by a Notion prevailing in those Parts, That 
the Act of Parliament, which passed in the Reign of 
the late Queen Anne, (and which is commonly 
called The American Act, by which the Impressing 
Men for the Sea Service in America, was prohibited), 
is still in Force : Whereas You will see by the 
Copys, annexed to the said Representation, of the 
Opinions, signed by S' Edward Northey, Attorney 
General to His late Majesty, and by Sir Dudley 
Ryder, His Majesty's Attorney General, and S' John 
Strange, late Sollicitor General, That the said Act is 
not now in Force: And I am therefore commanded 
to signify to You Their Excellencies Directions, 
That You should exert Your utmost Authority in 
preventing, for the future, such Riots and Disorders, 
as are complained of, by the said Representation ; 
And That You should assist the Commanders of His 
Majesty's Ships in procuring Seamen, to make up 
Their Complements, whenever They shall make Ap- 
plication to You for that Purpose ; As also in retak- 
ing Deserters from the said Ships. 
I am, 

Gentlemen, 
Your most obedient 
humble Servant 

ANDREW STONE 
Governor and Company of Connecticut. 
[Indorsed] Lords Justices in 1743 To favor Impress- 
ing men on board the Kings ships 

GENERAL ASSEMBLY COMMITTEE REPORT ON HERBAGE 
IN NIANTIC INDIAN LANDS. 

To the Hon^''^ Generall Assembly to be Conveen'd 
at New Haven Octob'' y^ Second Thirsday 1743 



128 LAW PAPERS. 

Whereas your Hono" at your Sessions in May 
Last (Upon the Petition of the Niantick Indians) Ap- 
pointed us the Subscribers a Com""^ to Repair to S*^ 
Niantick and Enquire & Report what Right y^ Eng- 
lish Proprieto'' have to the herbage of the Indian 
fields, & how they ought to be Improv'd, And whether 
the s'! Claimers trespass on S'' Indian rights ; — Have- 
ing first Notified S'' Claimers we repaired to S'' 
Niantick and Enquired into y" Affair and take Leave 
to report 

r' that Some of the Claimers produced a Deed 
from Mess'' Joseph and Jonathan Bull, by which 
Deed among other things was Convey'd to M' Nehe- 
miah Smith the herbage of one hundred Acres of 
Land at Black point Said to be purchased of the 
Niantick Indians as Appears of Record, but no 

record of S'' purchase Appeared to us They Like. 

wise produced an Agreement between y'' English & 
Indians Proprieto'' of Black-point wherein the Indians 
Agree that the English Proprieto''* Should have the 
pastureage of their land, from the time of Gathering 
their Corn at Michaelmas, till may day following and 
that After the Expiration of three years they would 
not Sell the Grass that Should be Cut on their land 
to any other person but the English' proprieto''" of S'' 
Neck Said Agreement was Dated Dec'' 19"' 1681. 

Signed, 
the mark of Joseph Sill 

Wagowhe X Sachem Richerd Christophers 

the mark of Thomas Lee 

Wampaquas X Captain Jonathan Prentice 
Taw meeshkhong X his mark John Lay 
Poquiantoup X his mark Thomas Dunk 

Matthew Griswold Jun'' 



HERBAGE IN NIANTIC INDIAN LANDS. 1 29 

2'' the Indians that were present Unanimously 
Agreed that the English Proprieto" had Allways 
beyond their memory enjoyed the whole of the herb- 
age of the Upper and Lower hundred Acres, And 
the pasturage of the Middle hundred Acres, but the 
benefit of planting & mowing S'^ Middle hund'" the 
Indians had Enjoy'd 

3'' It appeared to us that a Considerable part of 
the Lower hundred Acres was Inclos'd in a field 
with the Land of Mess"* Jonath" & John Prentice^ 
and well Secured for y*" Improv'"^ of the Indians by 
Planting. The remainder of S'' Low' hundred Acres 
Lyes in Common with land of S'' Prentice' and is 
Improv'd for pastureing y*" Cattle of S'' Prentice's, and 
the Indians Hoggs, Except Some Spots that are In- 
clos'd by the Indians for planting. 

4*'' As to the Improvm' of S'^ lands for the 
future we Judge it best that the English Claimers do 
not pasture it till the tenth of October. Nor After the 
first of May Annually, to which Season the English 
Claimers and the Indians present Seem'd well to 
Agree. 

5*'' As to the Claimers Trespassing on S'^ Rights 
it Appeard to us by the Accounts of both parties 
that in the Summer past Little or no damage had 
been done by the Claimers in the Indian Improve- 
ments, All which is Humbly Submited 

By your Hono" Most Humb''^ 
And Obedient Servants 

SAMUEL LYNDE 
JED. CHAPMAN 
JOHN TULLY 
NiANTiCK IN Lyme 
Octob'' 7"' 1743 
9 



130 LAW PAPERS. 

In y*^ Lower House The Above Report Read and 
Approved and Ordered to be Kept on file 

Test J NO Fowler Clerk 



WILLIAM SHIRLEY TO JONATHAN LAW. 

Sir, 

Having received Dispatches from the Lords Jus- 
tices of Great Britain to the several Governors in 
North America, I have sent them Express by John 
Barker, who will deliver that directed to Your Honour. 
His Majestys Service being so much concerned in the 
speedy Delivery of these Letters ; I must desire you 
would give Orders that my Messenger be furnished 
with fresh Horses in you Government to carry him to 
New York, If he should find Occasion for it. I am 
Sir 

Your Honour's most obedient 
humble Servant 

W SHIRLEY 
Boston Octob'. ii. 1743 

P. S. I have certain Information, upon w^'' I can 
depend, y*^ M"" John Tasher belonging to Marblehead 
within this province, has large Commissions from the 
Gov'' of Louisburg to buy up provisions to be shipt 
off to Cape Breton ; and has left this place & pro- 
ceeded southward in order to execute his Commis- 
sions : As it is possible, he may be dealing in your 
Governm'; I thought it would be proper to apprize 
you of it & am as above 

W S 



WILLIAM SHIRLEY. — SAMUEL WELLES. I3I 

SAMUEL WELLES TO JONATHAN LAW. 

Boston, January iS"" 1743/4 
[ '\rab/e Sir 

Your favour of 30"' Novemb'' last I Rec'^ from M'' 
Stanly with a Packet for M' Palmer, which I carefully 
& gladly forwarded by Capt Craig in a good Ship 
bound directly to London, which I saw put into his 
Cabin, Just as he was Sailing, & which he promist me 
to deliver with his own hand, & which I believe will 
be in M' Palmer's hand before this will be in your 
Hon". 

I discourst D'" Colman on the affair of D' Avery, 
but he could say nothing in particular, but told me, 
as he held a constant correspondence with him, he 
would gladly say any thing to serve the Colony, 
if he was apprised of the particulars of the affair, 
I have since heard some confused & broken Plints 
& stories about the grounds [ ] of D'' Averys 

uneasiness, but as [ ] from a great favourer 

of our late [ ] fervours, I tho't it was best 

loking for a more impartial representation. 

I shall be glad of any opportunity to Serve my 
Dear Native Country & to Shew that I am your 
Hon'-^ 

most faithful obed* & 

most hum''^ Serv'' 

SAMUEL WELLES. 
Hon^" Gov' Law 

P. S. The inclosed letter is of some considerable 
importance & I would beg your care that it m.ay be 
safely and speedily conveyed S. W. 

[Superscribed] On the Public Service To The Honor- 
able Jonathan Law Esq Govern'" &c In Milford 
to be left with Col Stanly for Conveyance 



132 LAW PAPERS. 

FRANCE'S DECLARATION OF WAR AGAINST ENGLAND.* 

The French King's Declaration of War. 

By the King. 

Upon the breaking out of the Troubles after the 
Death of the Emperor Charles the vSixth, the King 
took all Opportunities of shewing, that his Majesty 
desir'd nothing more earnestly than to see them speed- 
ily concluded, by an equitable Accommodation between 
the Parties in War. 

The Conduct which his Majesty has ever since 
observed, has sufficiently demonstrated, that he con- 
stantly persisted in the same Dispositions ; and his 
Majesty, not being desirous of forming any Preten- 
sions for himself which might in the least obstruct 
the Re-establishment of Tranquillity in Europe, had 
no Notion of being obliged to take Part in the War, 
otherwise than in supplying his Allies with the Suc- 
cours which he was engaged to give them. 

Such disinterested Views would soon have restored 
Peace, if the Court of London had thought with as 
much Equity and Moderation, and if it had consulted 
nothing but the Welfare and Advantage of the Eng- 
lish Nation ; but the King of England, Elector of 
Hanover, had very opposite Intentions, which, as it 
was soon perceiv'd, aimed at nothing less than kind- 
ling a general War. Not satisfied with dissuading the 
Court of Vienna from entertaining any Notion of a 
Reconciliation, and with nourishing its Animosity by 
the most violent Councils, it has taken all Opportu- 
nities of irritating France, by every where disturbing 
her Maritime Commence, in Contempt of the Law of 
Nations, and the most solemn Treaties. 

The Convention of Hanover, in October 1741, 



* Inclosed with the Duke of Newcastle's letter of March 31, 1744. 



FRANCES DECLARATION OF WAR. 1 33 

seem'd at least to have assured his Majesty of the Dis- 
continuance of such Excesses. The King of England 
during the Stay he made in his German Dominions, 
appeared to listen to the Complaints which were made 
to him on this Occasion, and to perceive the Justice 
of them ; he gave his Royal Word that he would 
cause them to cease, and he formally engaged him- 
self not to disturb the Allies of the King in the Pur- 
suit of their Rights ; but scarce was he returned to 
London, before he forgot all his Promises ; and as soon 
as he was certain that the King's Army had entirely 
quitted Westphalia, he caused it to be declared by 
his Ministers, that the Convention no longer subsisted, 
and that he looked upon himself as disengaged from it. 

He then thought there was no longer Necessity 
to act with circumspection : Being himself a personal 
Enemy of France, he seemed to have no other Views 
than to raise up such every where against her : This 
became the principal Point in the Instructions of his 
Ministers in all the Courts of Europe. The Piracies 
of the English Men of War encreased with Cruelty 
and Barbarity ; even the Ports of the Kingdom were 
no longer an Asylum against their Insults. The Eng- 
lish have at length dared to block up the Port of 
Toulon, to stop all Ships, to seize upon the Merchan- 
dize which they carried, and to take even the Recruits 
and Ammunition which his Majesty was sending into 
his strong Places. 

So many repeated Injuries and Outrages have at last 
tired the Patience of his Majesty, who can no longer bear 
with them, without failing in the Protection which he 
owes his own Subjects, in the Assistance he owes his 
Allies, in the Defence of himself, his Honour and Glory. 
These are the just Motives that no longer permit his Maj- 
esty to keep within the Bounds of Moderation which he 



134 LAW PAPERS. 

had prescribed to himself, and which constrain him to de- 
clare War, as he does by these Presents, against the King 
of England, Elector of Hanover, both by Sea and Land. 

His Majesty ordains and enjoins all his Subjects, 
Vassals and Servants, to fall upon the Subjects of the 
King of England, Elector of Hanover ; forbids them 
in the most express Manner from hereafter having 
any Communication, Commerce, or Intelligence with 
them, on Pain of Death ; and consequently his Majesty 
hath from henceforward revoked, and does revoke 
all Permissions, Passports, Safe-Guards, and Safe-Con- 
ducts, which may have been given by himself, or by 
his Lieutenant-Generals, and other his Officers, contrary 
to these Presents, and hath declared them, and does 
declare them null, void and of no effect, forbidding 
all Persons from having any Regard thereto. 

His Majesty orders and commands the Duke 
de Penthievre, Admiral of France, the Marshals of 
France, the Governors and Lieutenant-Generals for his 
Majesty in his Provinces and Armies, Camp-Marshals, 
Colonels, Captains, Heads and Conductors of his Mili- 
tary People, as well Horse as Foot, French and For- 
eigners, and all other his Officers whom it shall 
concern, that they, and each of them, cause the Pur- 
port of these Presents to be executed, in the Extent 
of their Powers and Jurisdictions, for such is the 
Will of his Majesty. He wills and intends that these 
Presents shall be published and fixed up in all the 
Cities, as well Maritime as others, and in all the 
Ports, Harbours, and other Places of his Kingdom 
and Territories under his Obedience, where it shall 



ENGLAND S DECLARATION OF WAR. 1 35 

be needful, that none may pretend Ignorance there- 
of. 

Done at Versailles, March 15, (4th) 1744* 

Signed, LOUIS. 
And underneath, AMELOT. 



ENGLAND'S DECLARATION OF WAR AGAINST FRANCE.f 
His Majesty's Declaration of War Against the French King. 
The Troubles which broke out in Germany, on 
account of the Succession of the late Emperor 
Charles the Sixth, having been begun and carried 
on by the Instigation, Assistance, and Support of the 
French King, with a View to overturn the Balance 
of Power in Europe, and to extend the dangerous 
Influence of that Crown, in direct Violation of the 
solemn Guaranty of the Pragmatic Sanction, given 
by him in the year 1738, in Consideration of the 
Cession of Lorraine ; and we having on our Part ex- 
ecuted our Engagements for maintaining the Prag- 
matic Sanction, with that good Faith which is insep- 
arable from us ; and having opposed the Attempts 
made against the Dominions of the Queen of Hun- 
gary, we are not surprised that our Conduct in this 
Respect, should have drawn upon us the Resent- 
me'nt of the French King, who has found his am- 
bitious Views, in a great Measure, disappointed by 
the Assistance we have furnished to our Ally, un- 
justly attacked by him ; or that he should alledge it 
as a principal Reason for declaring War against us. 



^France had adopted the Gregorian calendar, advancing her previous 
reckoning of time ten days, in 1582 ; while England and her American 
colonies continued to use the Julian calendar until 1752. 

•(■Inclosed with the Duke of Newcastle's letter of March 31, 1744. 



136 LAW PAPERS. 

From the Time that we found ourselves obliged, 
for the Maintenance of the just Rights of our Sub- 
jects, to enter into a War with Spain, instead of ob- 
serving a strict Neutrality, which we might have 
promised ourselves on the Part of the French King, 
from whom we were even founded by Treaty to have 
demanded Assistance; he has given Encouragement 
and Supi^ort to our Enemies, by conniving at his 
Subjects, acting as Privateers under Spanish commis- 
sions, both in Europe and America, and by sending 
in the year 1740, a strong Squadron into the Amer- 
ican Seas ; in order to prevent us from prosecuting 
the just War which we were carrying on against 
Spain in those Parts ; and we have the most authen- 
tick Proof, that an Order was given to the Commander 
of the French Squadron, not only to act in a hostile 
Manner against our Ships, either jointly with the Span- 
iards, or separately ; but even to concert Measures with 
our Enemies, for attacking one of our principal Do- 
minions in America ; a Duplicate of that Order dated 
the 7th of October, 1740, having fallen into the Hands 
of the Commander in Chief of our Squadron in the 
West Indies. This injurious Proceeding was greatly 
aggravated by the French Minister at our Court, hav- 
ing declared on Occasion of sending the said Squad- 
ron ; that the French king was very far from having 
any Design or Intention of breaking with us. 

The same offensive Conduct was continued, on the 
Part of the French King, towards us, by his Squad- 
ron in the Mediterranean, in the Year 1741, joining 
with and protecting the Ships of our Enemies, in 
Sight of our Fleet, which was preparing to attack 
them. 

These unwarrantable Proceedings ; the notorious 
Breach of Treaties, by repairing the Fortifications, and 



ENGLAND'S DECLARATION OF WAR. 1 3/ 

erecting New Works at Dunkirk, the open Hostilities 
lately committed against our Fleet in the Mediter- 
ranean ; the Affront and Indignity offered to us, by 
the Reception of the son of the Pretender to our 
Crown, in the French Dominions; the Embarkation 
actually made at Dunkirk, of a considerable Body of 
Troops, notoriously designed for an Invasion of this 
Kingdom, in Favour of the Pretender to our Crown ; 
and the sending a Squadron of French Ships of War 
into the Channel, to support the said Embarkation and 
Invasion, will be lasting Monuments of the little Re- 
gard had by the French Court for the most solemn 
Engagements, when the Observance of them is incon- 
sistent with Interest, Ambition, or Resentment, 

We cannot omit taking Notice of the unjust In- 
sinuations contained in the French King's Declaration 
of War against us, with respect to the Convention 
made at Hanover, in October, 1741 ; that Convention, 
regarding our Electorate only, had no Relation to our 
Conduct as King of Great Britain. The Allegations 
concerning it, are groundless and injurious ; our Pro- 
ceeding in that Respect, having been perfectly con- 
sistent with that Good Faith, which we have always 
made the Rule of our Actions. 

It is unnecessary to mention the Objections 
made to the Behaviour of our Ministers in Foreign 
Courts; since it is notorious that the principal View 
and Object of the Negotiations of the French Min- 
isters in the several Courts of Europe, have been 
either to ster up intestine Commotions in the Coun- 
tries where they resided, or to create Differences and 
Misunderstandings between them and their respective 
Allies. 

The Charge of Piracy. Cruelty, and Barbarity 
against our Ships of War, is Equally unjust and un- 



138 LAW PAPERS. 

becoming ; and we have all such Proceedings so 
much in Abhorance, that, if any Practices of that 
Nature had been made appear to us, we should have 
taken effectual Care to put a Stop to them, and to 
have punished the Offenders in the severest Manner. 
We being therefore indispensably obliged to take 
up Arms, and entirely relying on the Help of Al- 
mighty God, who knows the Uprightness of our In- 
tentions, have thought fit to declare and do hereby 
declare War against the French King ; and we will, 
in pursuance of such Declaration, vigorously prose- 
cute the same by Sea and Land ; being assured of 
the ready Concurrence and Assistance of all our 
loving Subjects, in so just a Cause : And we do 
hereby will and require our Generals and Command- 
ers of our Forces, our Commissioners for executing 
the Office of High Admiral of Great Britain, our 
Lieutenants of our several Counties, Governors of our 
Forts and Garrisons, and all other Officers under them, 
by Sea and Land, to do and execute all Acts of Hos- 
tility in the Prosecution of this War against the said 
French King, his Vassals, and Subjects, and to oppose 
their Attempts ; willing and requiring all our Subjects 
to take Notice of the same, whom we henceforth 
strictly forbid to hold any Correspondence or Commu- 
nication with the Subjects of the French; And we 
do hereby command our own vSubjects, and advertise 
all other Persons of what Nation soever, not to trans- 
port or carry any Soldiers, Arms, Powder, Ammuni- 
tion, or other contraband Goods, to any of the Terri- 
tories, Lands, Plantations, or Countries of the said 
French King ; declaring, that whatsoever Ship or 
Vessel shall be met withal, transporting or carrying 
any Soldiers, Arms, Powder, Ammunition, or other 
contraband Goods, to any of the Territories, Lands, 



ELIAKIM PALMER. 139 

Plantations, or Countries of the said French King, the 
same being taken, shall be condemned as good and 
lawful Prize. And whereas there are remaining in 
our Kingdom divers of the Subjects of the French 
King, we do hereby declare our Royal Intention to 
be, that all the French Subjects, who shall demean 
themselves dutifully towards us, shall be safe in 
their Persons and estates. 

Given at our Court at St. James's, the Twenty 
ninth Day of March, 1744, in the in the Seventeenth 
Year of our Reign. God save the King. 



ELIAKIM PALMER TO JONATHAN LAW. 
Sir 

I am now to acknowledge the rec^ of your 
favour dated the 30^'' Novem'' last accompan- an Or- 
der on the Ex'" of Francis Wilks Esq' for a Bal- 
lance remaining in his hands belonging to the Col- 
ony w"'' order I have Deliver'd them but ' have not 
yet had their Acco". I have also receiv'd the Law 
book & Clerk of the Courts Certificate that no Eldest 
Son ever obtain'd Judg'"' as Heir at Law w"' I shall 
take Care to make a proper use of in Clarks Affair 
w'* has not yet been brot to a hearing 

I Observe also you Desire to know how to Dispose 
of the Money granted me as a Salary for the last 
Year being ^^250 which please to pay into the hands of 
Mess" Balston & Palmer Merch'" in Boston for my 
Acco" & so for the future as any money becomes 
due to me please to order it into their hands unless 
it could be remitted to me here w''' would save the 
Comission of receiving &c 

I have Deliver'd 3'our Letter to Docf Avery 
from whom you will receive an Answer & indeed 



I40 LAW PAPERS. 

for my own part I can't but be of Opinion that 
your Laws against the People who call themselvse 
Methodists * are a little too severe & may as such 
have a Contrary Effect from what is propos'd by 
them ; As I write this in answer to your Letter I 
hope I shall be Excus'd giving my Opinion so freely 
w''' I do w*'' great Defference to your Legisla- 
ture who must undoubtedly be the best Judges how 
far it may be necessary in order to preserve Peace 
& Quietness in the Government to take such 
Measures. 

I am now to acquaint you that our Good Friend 
& Allye the King of France has after an Attempt 
to Invade us & place the Pretender on the Throne 
lately Declared War with us & the like will be done 
here in a Day or two ; I wish this Event may be 
attended with no bad Consequences in regard to the 
Plantations on the Continent of America & am 
Yo' most Obed' & 

faithfull Hum'''"' Serv^ 

ELIAK^i PALM[ ] 
London 30*'' March 1744 
To the Hon''^' Jon* Law Esq' 

[Indorsed] M'' Palmers Le[ ] March 30*'' I74[ ] 



DUKE OF NEWCASTLE TO THE GOVERNOR AND COMPANY. 

Duplicate 

Whitehall. March 31'' 1744. 
Gentlemen, 
The French King having declared War against 
His Majesty, (as you will see by the inclosed Copy of 

* Methodists as sucb had not been named in any laws passed up to 
this time. The reference is probably to the Separatists and the followers 
of Whitefield, some of whom eventually became Methodists. 



THE DUKE OF NEWCASTLE. I41 

His Declaration for that Purpose,'"'' which is full of the 
grossest, and most indecent Misrepresentations, and 
Reflections upon His Majesty's Conduct,) I am to ac- 
quaint you, by His Majesty's Command, That, on 
Thursday last, the 29"' Ins\ a great Council was held 
at S' James's where His Majesty approved, and has 
since signed, a Declaration of War against the French 
King, and ordered, That the same should be pub- 
lished, on this Day, by the Heralds at Arms, in the 
usual Places, and with the accustomed Formalities on 
the like Occasions ; which has been done accordingly. 
I send you inclosed a printed Copy of the said Dec- 
laration * ; And am commanded to signify to you His 
Majesty's Pleasure, That you cause it to be pro- 
claimed in the Colony under your Government, That 
His Majesty's Subjects, having this Notice, may take 
Care to prevent any Mischief, which otherwise They 
might suffer from the Enemy, and do their Duty in 
their several Stations, to distress and annoy the Sub- 
jects of the French King: And His Majesty would 
have you be very rigorous, and severe in preventing 
any Ammunition, or Stores of any Kind, from being 
carried to Them ; and you are to use all proper 
Methods, that may be most effectual for that Purpose. 
I send you inclosed His Majesty's Proclamation • 
for the Distribution of Prizes, taken by His Majesty's 
Ships of War, or Privateers, which, you will take 
Care, may be published in the Colony under your 
Government : And you will do every Thing in your 
Power, to encourage His Majesty's vSubjects to fit out 
Ships, to act as Privateers against the Enemy ; And 
you will, upon the Receipt of this Letter, take all 

* See pages 132 and 135. 



142 LAW PAPERS. 

Opportunities, as far as depends upon you, to distress 
and annoy the French in their Settlements, Trade, 
and Commerce. 

I am, 

Gentlemen, 

Your most obedient 

humble vServant 
HOLLES NEWCASTLE. 

Governor, and Company of Connecticut. 

[Indorsed] Duke of Newcastles March 31'' 1744 Con- 
cerninof Declaration of War 



DUKE OF NEWCASTLE TO THE GOVERNOR AND COMPANY. 

Whitehall. April 26"' 1744. 
Gentlemen, 
You will receive, at the same Time with this Let- 
ter, one from the Commissioners, whom His Majesty 
has been pleased to appoint for Distributing the 
Moiety of the Prizes, taken from the vSpaniards, be- 
tween the 10"' Day of July 1739, and the 19"' of Oc- 
tober, then following, by any of His Majesty's Ships 
of War, Desiring, That you would take Care, That 
publick Notice be given in all Parts under Your Juris- 
. diction, to the Agents for the Captors of all such 
Prizes, taken as- aforesaid, and to all other Persons, 
whom It may concern, immediately to furnish the 
said Commissioners with authentick Accounts of all 
Transactions, relating to the said Prizes ; and also to 
pay to the said Commissioners the full Moiety of 
Their respective Accounts, in order to enable Them 
to carry into Execution His Majesty's most gracious, 
Intentions towards Such of His Subjects, as have suf- 
fered by the unjust Seizures, and Depredations of the 



DUKE OF NEWCASTLE. — ELIAKIM PALMER. I43 

Spaniards. I refer You to the Letter, which You 
will receive from the Commissioners, * for a more par- 
ticular Explanation of what may be desired to be 
done on Your Part, in this Matter ; And am to sig- 
nify to You His Majesty's Pleasure, That You should 
do every Thing in Your Power, to enable Them, in 
the most effectual ^Manner, to execute Their Commis- 
sion. 

I am, 

Gentlemen, 

Your most obedient 

humble Servant 
HOLLES NEWCASTLE 
Governor, and Company of Connecticut. 

[Indorsed] Duke of Newcassells Letter 26*'' of April 
1744 



ELIAKIM PALMER TO JONATHAN LAW. 

I have already wrote you by this Conveyance 
Since w'*" (at the Instance of a Number of Inhabi- 
tants of the Province of Massachusets) a Petition has 
been presented to Parliament for Leave to bring in 
a Bill to Prevent a further Emission of Paper Cur- 
rancey in America & for making what is already Is- 
sued no Legal Tender, the Prayer of w"'' Petition 
has been granted, & you have inclos'd a Coppy of 
what are at Present intended for the Heads of the 
Bill, which should it pass into a Law, as it seems to 
strike at the Privilidges of yo' Charter & may be 
attended w"' other bad Consequences in regard to 
your Province (especially at a time when the Immer- 

*See under date of May iS, 1744. 



144 LAW PAPERS. 

gencies of Governm'- require the Largest Supplys of 
Money) I shall as your Agent give it all the Op- 
position I can, and should Wee be able to get the 
Project set aside for this vSessions of Parliament I 
desire I may have full Instructions for my Gov- 
ernm'' in Case the Like should be attempted as un- 
doubtedly it will the next Sessions I am 
Sir 
Yo-" faithf" hum'<= serv' 

ELIAK^i PALMER 
London 30"' Aprill 1744 

Coppy 

London 10"' May 1744 
Si)' 
The Bearer staying till now gives me an Oppor- 
tunity of forwarding a Coppy of the Paper Currancy 
Bill w'*" its intended shall be once read & then 
stand over till the next Sessions w''' very probably 
will be in November next I am Sir 

Yo"" faith f" hum'* serv* 

ELIAKM PALMER 
Coppy 
[hidorsed by Law] Agents Letter of 30"' of April & 
10"' of_ May 1744 



JOHN RICHARDS TO ROGER WOLCOTT. 

N LoNDf^ May 1744 
S' 

I write this in behalf of my friend M'' Robin- 
son who is in Considerable Advance for Cloathing 
for Sachem Ben Uncas & his son Ben his Acco' has 



JOHN RICHARDS. — PRIZE COMMISSIONERS.- I45 

been present'^' to Some of y*^ Gent'" Agents which 
they putt off Several times — he Sends his Acco' 
Again w''' amounts to 51-10-2 old tenor when both 
are added togather & I finde it Just and according 
to his first Entry in his Book — I much wonder M"" 
Robinson hath not had his money as well as Every 
-other person concern'' in y^ Controversey, and now 
in behalf of my vS'' Friend Desire your Hon' and 
the other Gent" Agents that you order him his 
mony he was not forward to Advance y*" goods but 
came to me and desired me to give him my advice 
which I did & told him I had no Authority but 
however I would not have him withhold what they 
wanted for I Concluded it was by Orders of "y^ 
Goverm^ & his pay would be Certaine. 

This with my Duty to &c 

j_N: R— DS* 

To the Hon^'''^ Roger Woolcot Esq"" 

[Indorsed] Lett"" to the Deputy Gov'' Copy 



PRIZE COMMISSIONERS TO THE GOVERNOR AND 

COMPANY. 

His Majesty having been pleased by His Royal 
Letters Patent bearing date the 4th day of Febru- 
ary last, To Constitute and appoint Us His Commis- 
sioners for Distributing the Moiety of the Prizes 
taken from the Spaniards on or between the lo"" 



*The writer of this letter was no doubt John Richards, the town 
•clerk of New London. He seems to have taken an active interest in the 
Mohegan Indians and in their land case. 
10 



146 LAW PAPERS. 

day of July 1739 and the 19"' of October then fol- 
lowing by any of His Majesty's Ships of War: And 
the better to Enable Us to execute the Powers and 
Authorities granted by His said Commission has 
been pleased thereby to Require and Command the 
several Agents for the Captors and all other Persons 
whom it may concern, to Observe and follow such 
Directions from time to time as they shall receive 
from Us : And to be Aiding and assisting unto Us, 
as they will answer the contrary at their Peril : In 
order therefore the more effectually to carry into 
Execution His Majesty's most gracious intentions 
towards such of His subjects as have suffered by 
the unjust Seizures and Depredations of the Span- 
iards within the respective times and limitations ex- 
pressed in the said Commission We find it highly 
expedient That the Agents for the Captors of all 
such Prizes taken as aforesaid should immediately 
furnish Us with Authentick accounts of all transac- 
tions relating to the said Prizes, and Pay Us the 
full Moiety of their respective accounts : And to that 
purpose We have caused Publick Notice to be given 
here, in the London Gazette : One of which Gazettes 
We send inclosed herein : And also a Letter from 
His Grace the Duke of Newcastle on the same sub- 
ject; whereto We crave leave to refer Your Excel- 
lency. And to the end That None may plead Igno- 
rance thereof We are now to Desire Your Excel- 
lency will cause the like Notice to be given in all 
such parts of Your Jurisdiction and in such manner 
as has been, or is now customary to publish things of 
the like Nature : And to LTse all such other means of 



DANIEL HORSMANDEN'S OPINION. 147 

making- the same known, as to Your Excellency may- 
seem necessary. We are with due Respect 
Your Excellency's 

most humble Serv*' 

WM BAKER 
JNo HYDE 
London i8"' May 1744 RORt JACKSON 

JOHN CASAMAYOR 

EZE HALL 

WELL^i FAWKENER 

To The Governor and Company of His Majesty's Col- 
ony of Connecticut, in New England, in America 

Duplicate 



DANIEL HORSMANDEN'S OPINION ON THE MOHEGAN 

CASE.* 

Copy. 

The Gov"" : and Comp'' : of the Colony of Con- 
necticut, 

and 
The Moheagan Indians by their Guardians. 



The Opinion of one of the Commissi upon the 
Merits 

On Hearing, upon Commiss" of Review. 1743. 



As my Sentiments upon the Hearing of this Case, 
differed widely from the Opinion of the Majority of 
the Commissioners upon which the Judgment on the 
Review was given, so I thought proper to declare 
my Self before the Judgment was drawn up, upon 

*The foot notes to this document are the work of its author. 



148 LAW PAPERS. 

some fundamental Points on which the Governour 
and Company seemed to lay great Stress, upon a due 
Consideration whereof, I then conceived, the jSIerits 
of this Cause would turn : But as there was such a 
Notoriety of Facts to be consider'd in a Matter of 
so great Intricacy and Concernment, I was the more 
carefuU to avoid being precipitated into a rash Judg- 
ment, and therefore reserv'd the Liberty of entring 
my Opinion at large, at the next meeting of the 
Court, which (according to the Directions in His 
Majesty's Commission) was to be held in Order to 
give Opportunity for an appeal to be enter'd by any 
Parties who should apprehend themselves to be ag- 
grieved by that Judgment : And after carefull Exam- 
ination of the Proceedings and attentive Consider- 
ation thereof, my Opinion thereupon is contain'd in 
the following Articles. 

Article I'^ That soon after the English Subjects 
first set Foot in this Country (which was in the year 
1633 & 1634, as appears by the Introduction to the 
History of the Pequot War {a.) They associated them- 
selves into a Form of Government, and for that Pur- 
pose enter'd into Articles bearing Date the 14"' Jan- 
uary 1638 {d.) whereby they agreed to submit them- 
selves to a Governor «&: Magistrates who were to be 
annually chosen. 

Art: 2'K That M' . . . Hopkins in the year 1640 
(in pursuance of those Articles) was elected Governor 
and M' Haynes Deputy Governor of the said Eng- 
lish Subjects 

Art : 3'^ That after having inspected, carefully 
weighed and consider'd the Proofs relating to the 
Writing exhibited in Court, as well as the Writing 
itself, bearing date 20 September 16^0 purporting to be 

(rt) Page 3. (/') Book ofj Proceedings pa. 236. 



DANIEL HORSMANDEN S OPINION. I49 

the ffree Deed of Gift of Uncas als Poquion, Sacliem 
of the Moheagan Indians, to the Governour & Magis- 
trates of said English upon Connecticut River of all 
tJic Lands that then did, or of Right ought to be- 
long to him. 

The said Writing seems to carry with it Marks 
of Antiquity, it is wrote in an Antique Hand, such 
as was in fashion in those Days, a kind of Secretary, 
of which Sort there are several in the Book of the 
Colony Records (exhibited to prove a similitude of 
Hands) which bear great Resemblance to each other 
insomuch that it must be a curious Discernment that 
can distinguish them ; but by an intentive Inspection 
and Comparison it was agreed by all the Commis- 
sioners, that the Body of this Writing was of the 
same hand writing with the Records of the year 
1639, contained in the beforemention'd Record Book, 
at which Time the said M"" Hopkins was Secretary 
to the said English Colony, and that the said Rec- 
ords in that Year were wrote by him ; and also on 
comparing a Letter wrote by the said M' Hopkins 
dated the r* May 1652 subscribed Edward Hopkins, 
It was agreed by all the Commissioners hat the 
Body of the said Writing or Deed of Gift was of 
the same hand writing with that Letter and the said 
Records (viz') M"" Edward Hopkins's, But as to the 
Marks of Uncas the Indian Sachem, Grantor of the 
Deed, and of the Indian Witness Poxon or Foxon 
and the Name of the Witness Thomas Stanton, In 
these three Particulars I differ much in opinion from 
the rest of the Commissioners. 

First, As to the Mark for Uncas. 

This mark in my opinion shews too much of De- 
sign and Intention, too much Regularity, too great a 
Command of Pen to be imagined to have proceeded 



I50 LAW PArERS. 

from an Indian Hand ; it seems to have been made 
by one accustomed to that Sort of sporting (or rather 
trifling) with his Pen ; It is a kind of Knot, the 
Strokes of it all made even and Regular, and must 
have been done by a Square full Nibb'd Pen, such 
as a Secretary hand requires ; There are several semi- 
circles, the Strokes of which must have been made 
by throwing back the Pen, which is not easily done 
by an aukward unskilfuU hand without bespattering ; 
That is not the Case here. And there are many acute 
Angles, which seem to have required a Command of 
Pen mastered by long Use and Habit ; There are 
several Hearts conjoin'd in it. The knot is compriz'd 
in too small a Compass ; The concluding Stroke is 
carried up led from much above the rest, and ends 
in a circular Sweep, enclosing the End of it, thick 
as the fullest Strokes of the rest from the Top, is 
brought under two thirds of the whole mark, and les- 
sening gradually ends in a circular fine hair Stroke, 
which could not in my Opinion have been performed 
by " a heavy bearing Hand unaccustomed to form 
" regular Shapes or Figures " ; but appears from the 
View to have been done by an expert Penman, in 
such Manner as is not easie for every Person to 
imitate. 

It was objected against this being the Deed of 
Uncas, that he always made one kind of Mark, and 
that it was customary with the Indians, always to 
use the same kind of Mark : That Uncas generally 
did so appeared by Copys of his Mark in the Paper 
Book containing the Proceedings of the Commis- 
sioners in this Cause in 1 705 : and further to prove 
this, there were exhibited an Original Indian Purchase 
(or so much as Time had left of it) from Uncas, 
made to the Town of Norwich dated in 1659. An- 



DANIEL HORSMANDEN'S OPINION. 151 

other to Thomas Tracey and Thomas Leftingwell in 
1668, Another to Thomas HoUester in 1675 (r) all of 
the same kind of Marks, and like to all or most of 
those in the Paper Book, and to each other; there 
was a visible Aim in them at the same Figure ; I 
find also among the Exhibits on the part of the Gov- 
ernour and Company, a Copy of a Deed from Uncas 
to Richard Houghton dated the 19*'' August 1658 {d) 
also another from Uncas to Jeremy Adams dated the 
20 May 1662 {e) whereon are two Copys of Uncas's 
Mark, each bearing Resemblance to the Original 
Mark on the Norwich Deed, and to those copyed for 
Uncas's Mark in the Paper Book, bearing Resem- 
blance and Conformity to the same from which Ob- 
servations and Comparisons, one is very apt to con- 
clude that the Mark to the Deed 40, and to that 
of John and Daniel vStebbins (hereinafter taken No- 
tice of, which are the only two Deeds whereon the 
Marks for Uncas were totally different from the rest) 
were not Marks of Uncas's making. 

On the other Hand an Indian Deed from Uncas 
to John and Daniel Stebbins (/) was exhibited on 
behalf of the Governour and Company to shew that 
Uncas's Mark to that was different from all the rest, 
and it was so; And indeed his Mark to that was 
such a Scrall that any Child, Indian or other Novice 
might be expected to make, who had. never before 
taken Pen in Hand : This Deed was dated in 1683, 
forty three years after the Deed 40, And if Uncas 
made the Mark to the Deed 40, he must be allowed 
to have handled his Pen much best upon his first 



{c) The two last Deeds not enter'd among the Exhibits in book of 
Proceedings 1743. But taken Notice of in the Minutes pa: 178, {d) pa. 254 
(f) pa : 265-6. 

{ /) Pa : 265, —a pretty Exact Copy. 



152 LAW PAPERS. 

Attempt, which was within 6 or 7 years after the 
English first set foot here, and but two years after 
their Association into Government. 

wSecondly, As to the Mark for Foxon the Indian 
Witness. 

My Notion is, that it is as unlikely as the other 
to have been done by an Indian, by the Command 
of Pen it must have required ; This seems to be an 
Imitation of a Rope laid down on a Floor curled and 
doubled a considerable Length, with six Equidistant 
blank Spaces, enclosed between the two Ends, Three 
open at Top and three at Bottom ; The beginning 
has three oval Sweeps, comprizing too narrow Spaces 
for an awkward hand to have effected with so much 
Command. 

Thirdly, I have considered and compared the an- 
tient Writings exhibited to prove the Witness Thomas 
Stanton's Name by the similitude of Hands, and also 
the Writing of the Body of this Deed, and am of 
Opinion jipo)i the wliolc, that all the Writing upon that 
Side of the half Sheet of Paper (in which this In- 
strument of 20 vSeptember 40, is comprized) was wrote 
by one and the same Hand, viz*, by Governour Ed- 
ward Hopkins, the Names Tho Stanton indeed seems 
to be wrote somewhat in Imitation of his signing to 
the Exhibits, as is common for those that Copy to 
do ; But notwithstanding the small Letters are similar 
to the rest of the Writing agreed to be M' Hopkins's 
and the same ffreedom of Pen appears in them, much 
different from Stanton's Writing which (tho' it is a 
kind of Secretary,) is a much stiffer hand, wrote 
with much less ffreedom & Command of Pen, as one 
less accustomed to Writing. 

The Force of these several Observations is scarce 
to be conceived but by a carefull Inspection and 



DANIEL HORSMANDEN S OPINION. I 53 

Comparison of the Instrument itself, with the Record 
Book and other antient Writings, exhibited to prove 
it by similitude of Hands, wherefore I am fully con- 
vinced that it is not an original Deed executed by 
Uncas, but a Copy only (if ever there were an Ori- 
ginal) and in whose Hand soever the Original was 
lodged, they best knew the Design and Intent with 
which it was made, and why it was not deliver'd 
up to be reposited amongst the Records of the Col- 
ony ; And indeed I should scarce have spent so much 
Time about it had not great Stress been laid upon 
it as an original Deed, and had not I been single 
in my Opinion concerning it. (g-) 

Fourthly, But supposing this Writing now before 
the Court is an Original Deed executed by Uncas, 
had it been calculated as a Conveyance of the absolute 
Property of these Lands, though the Stile of Gov- 
ernour and Magistrates, might perhaps have been suf- 
ficiently descriptive of the Persons to take, yet they 
were no Corporation (but of their own making) con- 
sequently could have no Successors, and even in such 
Case, the Deed would have become void ; besides that, 
it is to be observed, that 'twas made .without Con- 
sideration ; whatever Effect it might have had, as the 
same is lain dormant till of late, from the Day of 
the Date of it, as it has not appeared to have been 
so much as mention'd or hinted at by the Governor 
and Magistrates, or the Government after this Col- 
ony's Charter of Incorporation, in any of their pub- 
lick Treatys or Transactions with this Tribe, which 
administer'd many notable Occasions of bringing it to 
Light, Their own Actions are in my opinion, the 
best Expositors of the Validity of it, and of their 

(g-) See Copys of y>^ Indian Marks to copy Orig> Deed 40, somewhat 
similar, the best y' I could make, but not near so good as the Originals. 



154 LAW PAPERS. 

Thoughts concerning it ; And it ought not now to be 
supported in a Court of Equity, to contradict or in- 
validate their many solemn Engagements with this 
Tribe, concerning these Lands, or deem'd of any Force 
or Effect at this Day. 

Art : 4. That Uncas & Waweguan (his Brother) 
Sachems of the Moheagan Country, by their Deed 
(bearing Date the 15 August 1659, did convey to 
Major John Mason, then Deputy Governor of the said 
English Colony " All the Land then belonging to 
them " ; Thereby binding themselves, their Heirs & 
Assigns, That the said Mason his Heirs or Assigns 
should peaceably enjoy the same without molestation 
or Incumbrance. 

vSo that at this Time it is plain, that the In- 
dians (as well as Major Mason) though they had still 
some considerable Property in Reserve in their Mo- 
heagan Territories (other than a small Parcel or suf- 
ficiency of Land to plant on) They by making, he 
by accepting this Grant ; And that the Governor & 
Magistrates were of the same Opinion at that Time, 
will appear from what is to be observed upon by the 
next Article. 

Art: 5*''. That the Intendment of Major Mason's 
Surrender of the Jurisdiction Power, as enter'd in the 
Minute of the Court Book of the Governour and Mag- 
istrates of the 14"' March 1660, was only to engage 
to that Jurisdiction (as they term'd themselves) The 
Ri2:ht of exercisinof the Powers of Government over 
the English, who should from Time to Time settle on 
these Lands conveyed to him by the Deed of Aug- 
ust 59. and Not to affect, or convey the Right in the 
Soil, by giving that Colony a Jurisdiction Power over 
them on any Condition whatsoever therein expressed 
or imply'd ; And that by the Provision therein, that 



DANIEL HORSMANDEN'S OPINION. 1 55 

the Indians should at all Times thereafter have a suf- 
ficient Quantity of Lands to plant on, the same might 
most probably be intended .and provided by the Major 
as a Check upon those of his Family, who under the 
Deed 59, should thereafter succeed him in the Trust, 
that the whole Lands thereby conveyed to him should 
not be disposed of at any Time, but a sufficiency 
thereof remain for ever for the Tribe to plant upon 
for their Subsistence, And that by the Reservation 
to the Major of a Sufficiency of Land for a Farm, 
he most probably might think as he had submitted 
those Lands to be annexed to that Jurisdiction, his 
Title to such part of them as he (through his Inter- 
est with the Tribe) should thereafter think proper to 
impropriate absolutely to himself, would not be com- 
pleat and ample, without a Grant and Confirmation 
from the Governour and Magistrates, And that such 
Stipulation was not thereby intended as a Recom- 
pence to the Major for his making a Purchase of 
these Lands for the Governour and Magistrates, as 
it should seem to be fancyed, in Support of which 
Imagination there is no Colour of Proof; But that 
ever the Major had afterwards a Grant compleated 
or Patent passed for any such Farm was not in Evi- 
dence before Vs. 

I should be convinced from this Transaction that 
the Governour & Magistrates were well acquainted 
with the Design of this Indian Conveyance to the 
Major, that they understood it to be a Trust and 
approved thereof by leaving the Power in his hands 
(as they therefore must needs have found it) to 
dispose of the Soil. 

Art: 6^''. That the Confirmation by the Deed 
executed by Uncas and his two Sons Oweneco & 
Attawanhood in 61, enur'd only to confirm to the 



156 LAW PAPERS. 

Major the Estate before granted by Uncas and Wawe- 
quaw by their deed in 59 and the Intent of that seems 
to have been to signifie the entire approbation of 
Oweneco & Attawanhood together with their Father 
Uncas and the whole Tribe of what had been so done 
by Uncas and his Brother Wawequaw (the latter of 
whom We may suppose at this Time Dead ) and 
(amongst themselves) of the Purpose in doing it, 
which as yet had not been publickly declared, and can 
by no reasonable Construction be adjudged to operate 
to the Confirmation of the Pretences of Claim or Title 
now set up by the Governor and Company to the 
absolute Property and Right in Law in all the Mohea- 
gan Territorys. 

Art : 7^'\ That the Charter of Incorporation 
granted by King Charles the 2^ to the Colony of 
Connecticut did not, (nor can it be construed to have 
been intended to ) vest in the Corporation the absolute 
Property and Right in Law of the Lands contained 
within the Bounds and Limits of it, which were not 
before the Date of it fairly purchased or obtain 'd 
from the Indians ; But only to give the Corporation 
the Right of Preemption of the Lands within that 
Circuit which upon Purchase should from Time to 
Time become vested in the Corporation, and so be- 
come part of the Colony upon such Trust as men- 
tion'd in the said Charter ; For I think the Crown 
looks upon the Natives as the Proprietors of the 
Soil of these Countries, as is manifested by the uni- 
versal Practice of purchasing the Lands of them 
throughout all the Colony s, and the Lands are not 
absolutely impropriated to his Majesty's Subjects, untill 
they are so purchased tho' included within the Bounds 
or Limits of the Royal Grant. 

Art : 8'"'. As the Indians had so conveved the 



DANIEL HORSMANDEN S OPINION. I 57 

Remainder of the Moheagan Territorys to Major 
Mason and his Heirs in Fee by the Deed 59, and 
afterwards confirmed the same in 61. Yet (as these 
Transactions were upon a Trust and Confidence, the 
Intent and Purpose wliereof were not yet declared by 
any Instrument in Writing") in the year 65, it was 
thought proper ( it seems ) tliat the Use and Intent 
thereof should be manifested, and accordingly Uncas 
and his two Sons Oweneco & Attawanhood Sachems 
of Moheagan by their Deed of the 14 December in 
that year {h) declare what the Intent of those Con- 
veyances was, it was a Trust lodged in Major Mason 
and his Family in order at all Times thereafter to 
protect the Indian's Estate ; and to engage them to 
that Service the Masons had an Interest in the Lands 
thus conveyed, coupled with that Trust, which ( as 
it should seem ) those Sachems judged to be a mean 
most likely effectually to answer the End proposed, 
and they thereby covenant that no part of those Lands 
should at any Time thereafter be sold or dispos'd 
of by themselves, their Heirs or Successors without 
the Consent and Allowance of Major Mason his Heirs 
and Successors. 

That the Property of the Lands in Controversy 
remained in the Indians and Major Mason notwith- 
standing the Surrender 60, and that it was so under- 
stood by the Government and People of this Colony 
is sufficiently evidenced by their subsequent publick 
Transactions and Treatys with these Indians, and by 
Purchases made of them from time to time thereafter 
of several Parcels of these Trust Lands with the Con- 
sent of the Masons on whom the Trust was descended 
down to the Judgment in 1705 and ever since; 
particularly by a Grant executed by L^ncas & Oweneco 

{h) pa. 71. 



158 LAW PAPERS. 

to the Township of New London of the 10 March 68 
which is attested by Major Mason the first Trustee as 
signefying his Consent conformable to the Trust de- 
clared as above. 

Art. 9*^''. That as the legal Estate in the Lands 
in controversy was vested and still remain'd in Major 
Mason in Trust as before mentioned, He, in order to 
secure a considerable Part thereof for the perpetual 
Subsistence of the Tribe, did by Deed of the 9 May 
71, Entail upon Uncas, Oweneco & Attawanhood then 
Sachems of the Tribe, a parcel of Lands between the 
Townships of New London & Norwich, which thence 
obtained the Denomination of the Sequester'd Lands, 
as being thus set apart for the perpetual Use of the 
Tribe, so as the same should remain forever unalien- 
able, that the Indians even with the Consent of 
himself, his Heirs or Successors in the Trust should 
not at any Time thereafter make sale of any part of 
it: The Major might judge this a sufficiency for the 
Maintenance of the Tribe at all Times thereafter in 
all Events for their planting Ground. 

And in this particular the Major manifested his 
Fidelity by giving up his own Interest with respect 
to the Lands so entail'd, in order to the effecting a 
lasting perpetual Service to the Tribe. 

This Deed was enter'd upon the Records of the 
Colony and so certifyed by Secretary Allyn Eight 
Days after the Date of it, as appeared by the Copy 
certifyed by Secretary Kimberly which was before 
the Court ( / ). 

The Lands this entail'd the Governor and Com- 
pany say in their Defence "The Government has 

(/) This was upon the Back of Seer Kimberly's certified Copy of Deed 
40, exhibited in Court & therefore insisted on by one of the Comm= to be 
inserted in the Book of Proceedings, but a Majority overrul'd it. 



DANIEL HORSMANDEN'S OPINION. I 59 

" always allowed these Indians to hold and consider'd 
"them as the said Indians Lands-'X-^') Which Opin- 
ion and Allowance I conceive does sufficiently signifie 
the Acknowledgement and Approbation of the Gov- 
ernor & Company of the Major's Power so to entail 
and set apart these Lands. 

Art : 10*''. That by the Report of the Committee 
enacted by the General Court at Hartford 13 May 1680 
(/) in the 5*'' Article it appears that Uncas requested 
of the Court, that the Bounds of his Lands might be 
settled before he dyed " and they answer " They are 
free to it" And from the 11"' Article, I think it may 
be rightly inferred that Uncas, had complain'd ( as the 
other Indians had done concerning their Lands) of 
Encroachments made upon his Territories, by the 
Enoflish, for which Reason he might desire that his 
Bounds should be settled before he dyed, That he 
might leave his Tribe in Peace with respect to their 
Lands. 

And the 11''' Article seems calculated in general 
Terms for the prevention of Encroachments upon the 
Indians Lands, which appears to have been the prin- 
cipal Subject Matter of that Act (upon the Face of it) 
so far was it from the Intention of the general Court 
to affect thereby any Lands claim'd by Uncas, to the 
Prejudice of him, and the Moheagan Tribe ; But on 
the contrary if the Lands entail'd upon the Indians by 
Major Mason may be said therefrom to have been 
set apart for them within the Bounds of any Planta- 
tions ( and that these Trust Lands conveyed to the 
Major in 59, were at this Time surrounded by 
Plantations of the English I collect from the Proceed- 
ings ) if that were the meaning of the Expression 
within the Bounds &c. Then LTncas, who it seems had 



[/') pa: 123. (/) pa 331. 



l6o LAW PAPERS. 

complain'd about the Encroachments as well as other 
Indians mention'd in that Act, was as much entitled to 
the Penalty thereby provided for the Protection of In- 
dian's Lands, as any other Indian mention'd in the Com- 
mittee's Report, which makes up the Bulk of that Act. 
Art: ii"': That no Right or Interest in the Lands 
in Controversy being in the Governor and Company, 
or so much as pretended to by them at the Time of 
their Treaty with Uncas in 1681, and the legal Estate 
in them having ■ been conveyed by the Indians to 
Major Mason as before ' {ni) Uncas his Resignation 
of all his Lands and Territories by the 2^ Article, 
neither "can nor does operate as a quit Claim or Re- 
" lease of all Claims and Demands." on any Consider- 
ation whatsoever touching these Lands, for there was no 
Foundation for such to operate upon : In my opinion 
nothing more was intended by that Treaty than to 
engage to the Colony the Right of Preemption of 
such parts of these Trust Lands, as those Indians 
should from time to time thereafter be inclinable to 
make sale of, conformable to the Trust in the Masons 
and to submit them to the Jurisdiction Power of the 
Colony with Regard to the English Settlers there. 
Nothing appears from the Transaction of Major Mason 
by the vSurrender of 60. whereby these Indians could 
be bound by the Acts of their Trustee (if he himself 
could be bound by that Entry ) and it seems to me, 
most probable that at the Time of this Treaty, the 
Government of Connecticut were of this Opinion, and 
might therefore stipulate with Uncas to confirm the 
Engagement of their Trustee touching the Jurisdiction 
Power over these Lands ; for that nothing more was 
intended by this Treaty ( other than that the Right 
of Preemption ) is clear to Me. 

( m ) page 59, 60. 



DANIEL HORSMANDEN'S OPINION. l6l 

intended by this Treaty (other than the Right of Pre- 
emption) is clear to Me. 

2 Uncas expressly retains his Property in the 
Lands by the same Article notwithstanding his Resig- 
nation, And as none of the Lands contained within 
the Limits of the Charter could after the Royal Grant 
be purchased of these Indians by any without Licence 
first obtain'd from the Corporation (as the Governor 
and Company may be presumed to have well under- 
stood) so 'tis contracted by this Treaty that the 
Indians should not dispose of any of their Lands thus 
resigned to any Person or People whatsoever without 
the Grant and Allowance [ i. e. the Licence of the Cor- 
poration first obtain'd, nor could the Corporation have 
any Right to grant any of the Lands thus resign 'd, 
without Purchase first made of the Indians pursuant 
to such Licence, & conformable to the Mason's Trust 

3. And 'tis probable that had the Colony at this 
Time been so unreasonable as to have set up a Claim 
in these reserved remaining Trust Lands, under Colour 
of any of the Pretences before observed upon ; con- 
sidering the great Friendship these generous Savages 
had from the beginning shewn towards this Colony, 
instead of entering into this League they might have 
look'd upon such Claim as Matter of high Provocation, 
the Presentment whereof might possibly have driven 
them to a Recourse which the Dictates of Nature and 
Reason might have prompted ( and their own Power 
at that Time enabled ) them to have made Use of for 
their Redress — If in Fact the Colony had any such. 
Claim ( as I conceive they had not, nor did they at 
this Time pretend to it) The Fancy that this Treaty 
may and does operate as a Quit claim or Release of 
all Claims and Demands — In Consideration of certain 
things afterwards to be done & perform'd would scarce 
be worth the Notice but for it's Singularity, i. e. The 
11 



1 62 LAW PAPERS. 

Indians thereby releas'd all Claims & Demands, and 
yet retain'd a Claim. 

Art; 12"'. That on the 6"' March 83 ( n ) Oweneco 
(then sole Sachem of the Moheags ) following the 
Example of Major Mason (who put it out of the 
Power of his Heirs, or any Body else as he might 
think, of making Sale of any part of the sequester'd 
Lands so entail'd by him in 71.) He also entails those 
Lands upon the Tribe to remain for their Use, & 
himself and his to plant, occupy and improve for 
their mutual Advantage for ever, & this Deed appears 
to have been acknowledged before James Fitch an 
Assistant i. e. a Member of the General Court, who 
may be presum'd to have been a proper Judge 
Avhether Oweneco had at that Time a Rightto make 
such Conveyance or not, & might have informed the 
general Court accordingly. 

2 That by Act of Assembly in the same year 
pursuant to the beforemention'd Request made by 
Uncas, as recited by the Act 1680 (o) (and not in 
Pursuance of the Treaty 81, as I can collect from the 
Proceedings) The general Court appointed a Comittee 
of which the then Governor was one " to endeavour 
" to settle the Bounds between Uncas and the Plan- 
" tations to which his Lands adjoin'd and to compose 
" the Differences between (The Township of) Lyme 
" and Uncas and all other Differences that he should 
" desire to refer to them, and what they did they 
" were (thereby directed) to make Return thereof to 
" the Court." (p) So that here again We may suppose, 
the Indians had made Complaint to the Court of En- 
croachments made upon their Lands from the Nature 
of the Committees Instructions ; And the Boundarys 



( n ) pa 334. 

(o) pa 331. (p) pa 52. 



DANIEL HORSMANDEN'S OPINION. 163 

not having been settled pursuant to the Court's Agree- 
ment in 80 ; Uncas it may be presumed renewed his 
Request for that Purpose in 83. but not a word about 
Boundarys is mention'd in the Treaty 81. — a vSettle- 
ment of the Boundarys was made accordingly, returned 
to the General Court in 84. & by them approved and 
ordered to be recorded, which Settlement compre- 
hended all the Lands so conveyed & confirmed to 
Major Mason, and it appears that reiterated Purchases 
were afterwards made from Time to Time of the 
Moheagan Sachems, of several Parcels of the Lands in 
controversie, with the Consent of the Masons conform- 
able to the Trust, and several other Purchases have 
also been surreptitiously obtain 'd without the Consent 
of the Masons in despite of that Trust ; And that 
several Grants and Orders for Grants have been from 
time to time made by the General Court or Governour 
and Company of other considerable Tracts of these 
Trust Lands without Colour or Pretence of any sort 
of Lidian Purchase at all. 

Art: 13"'. That by Acts of the General Assem- 
bly the 13 and 20 October 92. All the Lands belong- 
ing to this Tribe conveyed to Major Mason in 59 and 
contain'd within the Boundarys of the Moheagan Ter- 
ritorys settled & recorded to Uncas in 84 (which at 
the Time of those Acts remain 'd in reserve unsold 
and undisposed of) were at the Request of Oweneco 
confirmed to him and his vSon Mahomet, and the 
Trust in the ffamily of the Masons concerning their 
remaining reserved Lands (then vested in the Person 
of Samuel Mason) thereby allowed and established by 
the General Court ; And as to the Sequester'd Lands, 
it appears they were but a part of the whole Lands 
so recorded and confirmed, so that these publick 
Transactions by these two Acts can (in my opinion) 



164 LAW PAPERS. 

by no means be construed or restricted to mean par- 
ticularly and. only the Sequester'd Lands which the 
Governor and Company now say (q) " they always 
" allowed these Indians to hold an consider'd as 
"their Lands." (as it should seem) in Exclusion of all 
others. 

2 The Boundarys of the sequester'd Lands appear 
to have been sufficiently known and ascertain'd from 
the Deed of Entailment, and there could be no need 
of any Order of the Legislative Body of the Colony 
for settling- the Boundaries of the whole Moheagan 
Territories to find them out ; consequently that Set- 
tlement must have been to ascertain what Lands in 
general within the Moheagan Territories did at that 
Time belong to this Tribe, of which the sequester'd 
Lands were notoriously a part, & accordingly included 
in that general Settlement. 

3 That the Governour and Conjpany have allowed 
of the Trust vested by the Indians in Major Mason, 
as to the particular Instance of his Execution of it 
by his Deed of Entailment, and of his power so to 
entail ; for as they " say " They always allowed the 
" Indians to hold them, and consider'd them as their 
" Lands," and having assign'd no Reason why they so 
peculiarly esteem'd them such, nor period from whence 
they dated that Opinion, it must have been a Mat- 
ter Notorious, allowed and approved of by the Gov- 
ernment before the present Generation came into 
being, and therefore that Opinion must have been 
handed down to them, from their Ancestors, and must 
first have taken its Rise and the Lands their De- 
nomination, from that Entailment. 

Art. 14^''. As it is not to be supposed that by 
the Royal Charter of Incorporation, it could be in- 

(q) Defence pa. 123. 



DANIEL HORSMANDEN'S OPINION. 165 

tended that any of the English Subjects, Adventurers 
in the Infancy of this Colony, should be divested of 
their particular Interests in Lands here acquir'd be- 
fore the Charter, but rather confirmed in them thereby ; 
so neither on the other hand, can it be supposed that 
by the Grant of such Lands to the Corporation as 
are contain'd within the Limits of the Charter, the 
Crown could intend (or that the Charter can be so 
construed) to divest the Indians of their Property in 
the Lands within those Limits, which they had not 
at that Time fairly sold to the English Subjects, but 
only to grant to the Corporation the Right of Pre- 
emption of such Lands as were contain'd within those 
Bounds, when the Indians should be dispos'd to make 
Sale of them, thereby to preclude all other English 
from purchasing the same. 

2 That the Indians had Lands of their own after 
the Grant of the Charter, contain'd within the Limits 
of the Charter thereby prescribed, and that the Col- 
ony from Time to Time have so acknowledged, is 
in my opinion sufficiently manifest from the several 
Transactions before observed upon, which tend not 
only to shew their Allowance but their Confirmation 
(whether needful or not) of the general Trust concern- 
ing them : And in particular as to the Major's Deed 
of Entailment of the Sequester'd Lands, and as to 
them the Governments own Confession is " They al- 
" ways allowed them to hold the same, and considered 
"those Lands as the said Indians Lands." (r) but 
whether the Government has allowed them to hold 
the same, and whether those as well as the other 
Trust Lands have been well conveyed to the King's 
Subjects here since the Grant of the Colony Charter, 

(r) Defence pa : 123. 



1 66 LAW PAPERS. 

are the Matters in Controversy, which remain yet to 

be proved. 

[Thus far in Substance was deliver'd in Court at the 

Meeting of the Commissioners at Norwalk on the 

26th day of October 1743]. (s) 

sign'd, 
DAN. HORSMANDEN 



i\.rt 15"'. That the Government of Connecticut by 
their Acts of the General Court in 98 and 99, Or- 
dering a Grant to Governour Winthrop and M' Sal- 
tonstall of part of the sequester'd Lands, and after- 
wards by their Act in 1703, and by Patent pursu- 
ant thereto in 1704, likewise granting that whole 
Tract to the Township of New London (notwithstand- 
ing the Specious Saving therein of the Indian's Rights) 
did lay the Foundation of what appears to have been 
since effected viz' the dispossessing the Tribe of that 
Tract so peculiarly set apart by Major Mason for 
their perpetual use ; and that without Colour of any 
Sort of purchase from the Indians at the Time of 
those Acts and Grants. 

2'"^' That under Colour of a Patent of Confirma- 
tion of a former Grant issued by the Government to 
the Township of Lyme in 1685 the Tribe has been 
dispossessed of another Tract of their Trust Lands 
bounded upon their Township mention'd in the Pro- 
ceedings to contain about nine Miles in length and 
two Miles in Bredth, and that without Colour of any 
sort of Indian Purchase that appeared before Us. 

(s) pa : 384. 



DANIEL HORSMANDEN'S OPINION. 167 

3'"-' That the Governoiir and Company by their 
Acts of the General Court in 98 & 99. having or- 
der'd Grants of Parts of a larger Tract of, Land to 
the Township of Colchester, lying between Norwich 
and Hadham, Lyme, Lebanon and Metabesset, laid 
the Foundation of what it appears was afterwards 
effected, viz*. The dispossessing the Tribe ^ of that 
whole Tract and that without Colour of any sort of 
Purchase made of those Indians at the Time of those 
Acts. 

4"' So that if the Acts, Grants, Confirmations and 
Doings of the Governor and Company and their Com- 
mittees were to take Place, the Moheagan Indians 
would scarce (at this Time) have one Foot of Land 
left them in the Colony of Connecticut. 

Art: i6'''. That thus the Case stood at the Time 
of issuing the Commission of Her late Majesty Queen 
Anne to Governour Dudley and others, with Respect 
to these three Tracts of the Trust Lands, which have 
now been controverted before Us, and as to them, I 
think the Judgment pronounced in the Case by those 
Commissioners was well warranted from the Evidence 
then before them as it appears in Our .Proceedings. 

2, The Facts found by these Commissioners upon 
which they grounded their Judgment were corres- 
pondent to the Matter of the Indian's Complaint set 
forth in their Commission ; And though there appears 
sufficient Evidence to support them, yet further, I 
consider those Commissioners as Gentlemen of Figure 
and Fortunes, resident many of them in Connecticut 
it Self, and others in neighbouring Colonies, who as 
a Jury of the vicinage, might most likely be better 
qualified to judge of the Case from the Knowledge 
they might have of the Facts. 

3. That notwithstanding the Judgment decreed 



l68 LAW PAPERS. 

-i 

to these Indians, the Possession of the three several 
Tracts before mentioned, and did also confirm and 
establisli the Trust concerning all these Indians re- 
maining reserved Lands then descended upon, and 
vested in the Person of John Mason, by appointing 
him their Trustee & Guardian of all their Affairs ( t ) 
It appears that the Governour and Company ( disre- 
garding the Judgment so pronounced under the 
Authority of that Commission ) did on the 24 Sep- 
tember 1705 (i. e. one Month immediately after the 
Judgement) issue a Patent under the Seal of the 
Colony (pursuant to the former Acts of the General 
Court of the 1 3 October 98 and 1 1 May 99.) and under 
Colour of a fraudulent Indian Purchase afterwards 
surreptitiously obtained of Oweneco then Indian 
Sachem, contrary to and in despite and Defiance of 
the Trust aforesaid thereby Granting to the particular 
Persons therein named Members of the Township of 
Colchester and their Successors for ever, the said 
Tract of these Trust Lands so adjudged to the Indians 
lying between Norwich and Haddam, Lyme, Lebanon 
& Metabesset. 

4. Thajt the Governour and Company having by 
their Petition of Appeal to Her late Majesty Queen 
Anne obtain'd Her Majesty's Order for a Commission 
of Review, whereby the Execution of that Judgment 
was stayed ; They ( as it should seem ) thinking them- 
selves entirely at Liberty and under no Obligation to 
sue out such a Commission, and to prosecute the 
same to effect have made an unbecoming LTse of Her 
Majesty's Indulgence, by Proceeding by their Acts of 
the Corporation, entirely to dispossess the Tribe of 
their Sequesterd Lands also. 

5. That notwithstanding the pretended Interposi- 

( t) pa loi. 



DANIEL HORSMANDEN'S OPINION. 169 

tion of the Governour and Company and the Sugges- 
tion that they obtain'd from the Town of New Lon- 
don a Surrender of the Indian Grant to Peter Mason 
in the year 1705 of all the Sequester'd Lands (which 
likewise appears to have been surreptitiously obtain'd 
in despite of the Trust aforesaid and consequently of 
no validity) yet nevertheless that such Surrender was 
in fact obtained, is altogether without Proof, as is also 
the Quantity and Quality of that part of this Tract, 
which the Governor and Company estimate at between 
four and five Thousand Acres and say they did by 
Act of the General Court of the 11"' May 1721 
effectually and for ever secure to the LTse of the Mo- 
heagan Indians. 

6. That it having been alledged by the Indian's 
Answer to the Government's Defense, that out of that 
small Parcell ( which the Government say they have 
so effectually and for ever secured to these Indians) 
sundry Pieces intersperced amounting to above a 
Thousand Acres, are Pursuant to the Doings of their 
Committee by the aforesaid Act of the General Court 
confirmed to the English ; And the same not being 
denyed by the Governor and Company, might be taken 
for Truth, but for the Order of the Commissioners at 
this Court, touching Proofs in this Cause (u). 

7 That the appointment and Establishment of 
Captain John Mason Guardian and Trustee of this 
Tribe of Indians and their Affairs by the Commis- 
sioners in 1705 having been ratifyed by Major Ben 
Uncas their Sachem in 1723, and his Council, and 
such Ratification having been laid before the General 
Court of the Colony, they by their Act of October 
in the same year ( w ) at the Request of the said 



(u) pa 151. 
( w) pa. 301. 



I/O LAW PAPERS. 

Mason and these Indians, and for other Considera- 
tions therein mention'd, did impower said Mason to 
reside at Moheagan, i. e., upon the Sequester'd Lands, 
and give him Leave to improve any part thereof in 
building, ploughing & pasturing ; & ( int. al ) recom- 
mended to him the Care of the Indians to protect 
them from wrongs ; and said Mason entered thereon 
accordingly, and afterwards the said Sachem by Deed 
Poll dated 21 October 1724 executed by him with the 
Advice of his Council and consent of his People 
(which according to their Constitution may be thought 
equivalent to an Act of the General Court of the Cor- 
poration) These Indians thereby signifie their Appro- 
bation of such the Commissioners Order in 1705, and 
declare that the like Power and Trust should be 
invested in the Male Heirs of said Mason's Family, 
But notwithstanding these Acts of the Corporation and 
Tribe, the Committee appears to have taken upon 
them to supersede both, for whatever this Pittance of 
the sequester'd Lands is which the Government say 
in their Defence (x) "they effectually and for ever 
"secured to these Indians (by their Act in 1721 ) It 
" appears that the same (or almost the whole there of ) 
" has been lately leased out by the Corporation's Com- 
mittee (in Conjunction with their Sachem Ben Uncas) 
to some of the English Inhabitants of the Colony for 
Twenty years, at the yearly Rent of 60", reserved, 
payable only to the present Ben L^ncas. 

Art: 17"'. That the Conduct of the Governour & 
Company towards this Tribe of Indians in their sev- 
eral Transactions and Dealings concerning these re- 
maining reserved Trust Lands from the Treaty 81. 
to this Time have been utterly incompatible with those 
large professions of Justice, Honour and Kindness, 

(X) pa. 



DANIEL HORSMANDEN'S OPINION. 171 

of which We heard so much during- the Course of 
the Proceedings before Us. 

Art IS'''. That the said Judgment of Joseph Dud- 
ley Esq' and others Commissioners in 1705 in every 
part thereof, ought to have been affirmed by the De- 
cree of this Court, and the Possession of the Lands 
in Controversy adjudg'd to the said Indians and the 
Masons their Guardians, upon the Trust and to the 
Uses and Purposes of the respective Indian Instru- 
ments, establishing, ratifying and confirming the same, 
with the following Exceptions. 

I. Excepting as to that Tract of fflanting Ground 
called Massapeag lying within the Township of New 
London, touching- which the Claim of the Indians, has 
been waved by their Council and Guardians before 
the present Commissioners. 

2 Excepting also as to such Parts of the Lands 
now in Controversie as have been bona fide sold by 
the said Indians and the Masons their Guardians in 
a manner conformable to the Trust, Deeds of Sale 
whereof have been produced before Us by the De- 
fendants Tennants thereof, or in some Instances by 
the Government on their behalf, and which have been 
admitted by the said Guardians to have been executed 
with Consent of their Ancestors, on whom the Trust 
from Time to Time devolved, and as to them when 
the Quantity of Land contain'd within the respective 
Boundarys of such Deeds are sufiiciently known and 
ascertain'd, the same ought to be adjudged to the re- 
spective Purchasers, or to those claiming by, from 
or under then^i, according to the Tenour of their re- 
spective Deeds, and touching these the said Judgment 
ought to be declared null and void. 

And Lastly I am of opinion that the Trust and 
Guardianship over the Indians Lands in Controversy 



172 LAW PAPERS. 

ought to have been confirmed and established^ in the 
Masons, on whom the same is devolved, 
(sign'd) 

DAN. HORSMANDEN 

New York 29 May 1744. 

rindorsedl Mohegan Indians 1 ^ • • r p 

'--'*= 1 Opinion of y*" 

j Comiss"" 

Connecticutt j 



WILLIAM SHIRLEY TO JONATHAN LAW 

• Boston June 2^ 1744 

I have receiv'd by His Majesty's Sloop Swallow 
from Great Britain a Pacquet directed to Your Hon- 
our ; which I now send You by M'' Allen McClean 
of your Colony, who happens to be just now mount- 
ing for Hartford : I have receiv'd order from His 
Majesty to Publish His Declaration of War against 
France and I Suppose you have the Same 

I am, S"" 
Your Honours most obedient 
humble servant 

W SHIRLEY 
You will please to satisfye the Bearer for his Jour- 
ney with this Express 

His Honour Gov' Law 
[Indorsed] Gov'' Shirley's Letter 

COLONY OF MASSACHUSETTS BAY TO JONATHAN LAW. 

Province of the Mass^' Bay BosTON' June 5, 1744. 
Sir, 

This Court being apprehensive that nothing will 
more contribute to the Success of the War in these 



COLONY OF MASSACHUSETTS BAY. 1 73 

parts, than that the several Northern Governments in 
America should enter into an Agreem' with one 
another for their mutual Assistance & for carrying 
on the War in the most effectual Manner. 

We have accordingly chosen & appointed five 
Commissioners to meet at Albany the twelfth of this 
Month (where the Gov'' of New York has appointed 
to meet with the Six Nations) to treat with Commis- 
sioners from the other Governments in New England, 
& agree on such Measures as may be thought equall 
& necessary for their mutual Safety & Defence, & 
for annoying their Enemies, such Agreem'" to be bind- 
ing on the respective Governm". 

AVe therefore desire your Honour that Commis- 
sioners may be appointed by your Government, with 
the same full Power to transact these important Af- 
fairs at the time & place aforesaid. We pray your 
Excuse for not giving you longer Notice of this busi- 
ness ; the Meeting of the six Nations of Indians at 
Albany on the day above mentioned, gives us such 
an Opportunity of strengthening our Interest, which 
ought not to be lost, & we are but just now ap- 
prized of it. 

Your Honours most obedient Servants 

In the Name & by Order of the G* 
& General Court of said Province 
JOSIAH WILLARD Secretary 
The Hon"*" Jonathan Law Esq' 

WILLIAM GREENE TO JONATHAN LAW. 

His Majesty's Declaration of War against the 
French King was read here Monday last with the 
usual Formalities, which obliges Me now forthwith to 



174 LAW PAPERS. 

send out Our Colony Sloop for the Security of the 
Coast, and thereupon the General Assembly pass'd a 
Vote at their Sessions in last • Month, desiring Me to 
write to Your Honour requesting- That Your Colony 
Sloop ma}^ be fitted out, and ordered to ioin with Ours 
in their cruising upon this Coast. 

The Course that is intended for Our Sloop will be 
from Long Island to Marthas Vineyard, and so Back- 
wards & Forwards to guard both Sounds, And I do 
assure Your Honour, That We shall always be ready 
here, to lend Your Government what Assistance, is in 
our Power upon any Invasion or Attack, that shall 
be made upon You. For though the Governments 
are Distinct, Yet our Common Interest is Inseperable, 
And Your wSloop being joined with Ours will be a 
Terror to any Small Privateer, and thereby a greater 
Safeguard to both Our Governments, I should be glad 
to have Your Honour's Sentiments in this Affair, 
Being with great Respect, 

Hon"'" S-- 
Your most obedient 
humble Servant 

W GREENE. 

Newport, Rhode Island 7^'' June 1744 
[Indorsed by Law] Gov' Greens Letter 

COMMISSION OF THE MASSACHUSETTS COMMISSIONERS. 

William Shirley Esq' Captain General and Gov- 

ernour in Cheif in and over his Majestys Prov- 

(L S) ince of the Massachusetts Bay In New England — 

To All unto whom these Presents vShall 

Come Greeting — 

Know Ye that by and with the advice of the 

Great and General Court or Assembly of his Ma- 



MASSACHUSETTS COMMISSIONERS. 1 75 

jestys Said Province of the Massachusetts Bay at their 
Session begun and held at Boston y'^ thirtyeth of May 
Last I have Constituted and Appointed and by these 
presents do Constitute and appoint Authorize and Im- 
power, John vStoddard, Jacob Wendell, Thomas Berry, 
John Choate and Thomas Hutchinson Escf or any 
three of them Commissioners for and In behalf of this 
Province to appear at the City of Albany or Elsewhere 
within the Province of New York on the twelfth of this 
Instant June or as Soon after wards as may be then 
and there to Treat with his Majestys Governour of 
New York aforesaid or with any Commissioners that 
may be appointed on the Part of that Province or 
with any Commissioners that may be appointed on 
the part of the Governments of New Hampshire Con- 
necticut and Rhoad Island or any of them, and on 
the part and Behalf of this Province to make vSuch 
agreements and Stipulations with the aforesaid Gov- 
ernour or Commissioners or any of them Either 
Joyntly or Seperately as they Shall think Equal and 
Necessary for the aforesaid Several Governments or 
any of them to Enter Into for their Mutual vSafety 
and Defence or for annoying the Enemy In the 
Present Warr Such Agreement to be binding and 
Obligatory on the aforesaid Respective Governments 
and every of them. And also to Treat wath the said 
Governments or Commissioners Chosen by them Re- 
spectively, Either Seperately or Conjunctly as they 
Shall Judge best in order to Accomplish the Ends 
above mentioned — And Further as a Treaty Is In- 
tended between the Province of New York and the 
Indians bordering on the Said Province to be held 
at Albany aforesaid on the before mentioned twelfth 
of June Instant — I do by these Presents by and with 
the Advice of the Great and General Court aforesaid 



1/6 LAW PAPERS. 

Constitute and Appoint tlie Said John Stoddard Jacob 
Wendell Thomas Berry John Choate and Tho^ Hut- 
chinson or any three of them Commissioners for and 
in behalf of this Province to Treat with and Engage 
the Friendship of the Indians Commonly Called the 
Six nations of Indians or any other Nation or Tribe 
of Indians Whatsoever which shall be there (having 
first Obtained Leave of the aforesaid Governour of New 
York for that Purpose) to the Province of the Massa- 
chusetts Bay. And the Said Commissioners are also 
Hereby Impowered to agree do act & Transact any 
other Matter and thing for the Weal Safety and De- 
fence of this Province as they may Judge Proper In 
and about the Premises according to Such Instructions 
as they have herewith Received 

Given under my hand and the Seal of the Prov- 
ince of the Massachusetts Bay aforesaid at Boston the 
Eighth Day of June in the Seventeenth 'Year of the 
Reign of our Sovereign Lord George the Second over 
Great Brittain France & Ireland King Defender of the 
Faith &c. Annoque Domini one Thousand Seven Hun- 
dred and forty four — 

W SHIRLEY 
By His Excellency's Command 

J. WiLLARD Secry 

Certify'd to be a true Copy from the original Commission 

Tho Hutchinson 

[Indorsed by Law] Com" of Massathusets Comission 



OZIAS PITKIN TO JONATHAN LAW. 

Hartford June y'' ii"' A D 1744 
May it please Your Hojioiir 

Your Honours letter to ColP Stanly of June y^ 
4^'' Came to hand, the kings proclamation for war 



OZIAS PITKIN — JOSEPH WHITING. 1 77 

was Brought hither this Morning And A Declaration 
of war was made this Afternoon And Care will be 
taken to Transmit the proclamation to New haven 
with All Speed. Your Honours Letter And Orders 
Sent by Mr. Ashley Respecting the Commissioners 
Are put In Execution And this Day Between Eleven 
& twelve of y*" Clock His Honour the Deputy Gover- 
nour And Nath'^ Stanly Esq' With a Commission Sett 
out On the Rhoad (Attended upon by Coll : Whiting 
with About 24 Troopers) which was as Soon as it 
Could be Accomplished, have heard that the Commis- 
sioners from Boston went Through Suffeild Saturday 
Last, have Nothing further to trouble Your Hon'' 
with Att present but that I Remain. 

Your Hon'* Humble Sr" 

OZIAS PITKIN 

P : S : the Messenger Who Brings this Letter to 
Your Honour has Also Brought to Coll : Whiting the 
Kings proclamation of War According to Your Hon" 
Directions 

[Superscribed] On his Majestys Service To The Hon"" 
Jonathan Law Esq' Att Milford 

[Indorsed] Ozias Pitkin June 11. 1744 Proclamation of 
War w**" France Cofhiss" To Albany 



JOSEPH WHITING TO JONATHAN LAW. 

New Haven June 12"' 1744 
May it please y' Ho)i^ 

I have rec'^ from Hartford, by a post, inclosed by 

Cap*^ Pitkin, his Maj*'" Proclamation of war, and En- 

couragem' for Ships &c who informs me y' it is by 

y' Honours direction, but gives no hint what I am 

12 



le 



178 LAW PAPERS. 

to do in y' affair, I therefore desire your Hon" direc- 
tion what is expected of me in y*^^ matter 

Y'' Hon'' most humble 
& obedient Serv* 

JOS: WHITING 

[Superscribed] On his Maj'"^^ Service To The Hon 
Jno Law Esq"" Gov'r Att Milford 

[Indorsed] Coll' Whiting's 



NEW LONDON TOWN MEETING VOTE. 

x\tt a Town Meeting held att New London on 
the 12"' day of June 1744 

Voted, That Mes^ Col" Gurdon Saltonstall, M^ Sol- 
omon Coit M' Daniel Denison and M' Thomas Fors- 
dick or any Three of them be a Committee to Wait 
on His Hon' the Gov"" in behalf of the Town of New 
London to represent and lay before him the defence- 
less State and Condition, of S'' Town, and Petition 
his Hon' that he would Please to take into his Seri- 
ous Consideration the dangerous Situation and Cir- 
cumstances thereof and grant that Something may fur- 
ther be done for the Security and defence of S*^ Town 
in that way manner and degree as he in his great 
Wisdom Shall think best for the Safety thereof 

A True Coppy Test Daniel Coit Town Clerk 



NEW LONDON'S ADDRESS TO THE KING. 

The Humble Representation and Petition of the 
Inhabitants of the Town of New London in the Col- 
ony of Connecticut in New England, To the Kings 
Most Excellent Majesty. 

May it please your Majesty, Wee your very Du- 



NEW LONDON S ADDRESS TO THE KING. 1 79 

tifuU and Obedient Subjects, being fully Sencible that 
your Majesties Royal Ear is ever Open, and ready 
to hear, and Your Paternal Care & Goodness ever 
ready to Diffuse it Self, even to your Most remote 
Subjects, Beg Leave with the Greatest vSubmission to 
represent the Consequence of this Harbour and Town 
and its Defenceless State. 

Our Harbour is the Principle one in this Colony 
and perhaps the Best in North America Capable to 
Receive the whole Navy of Great Brittain being at 
Least Seven Miles in Length and near One Mile in 
breadth Six fathom Water bold vShore and Exelent 
Anchor Ground, all the Navigation Tradeing to this 
Colony Enter and Clear at your Majesties Custom 
House in this port and we vShall probably have 
Twenty thirty or perhaps forty V'essells at a time 
Laden mostly with Provisions belonging to this and 
the Neighbouring Governments, waiting for Convoy, 
and have not any thing to Defend Such Fleet from 
your Majesties Enemies but a Battery of Seven Guns, 
(Some of which are very Unfit for Service) and three 
other Guns at the Harbours Mouth about three Miles 
distant, and wee have no Reason to Question but an 
Enemy on Our Coast will Soon Gain Intelligence 
when Such Numbers of Vessells Shall be here, and 
we fear, make them a Quick pray, with Such Large 
Quantitys of provision they will be Enabled to fit 
out many More privateers, to the Great Anoyance 
of other your Majesties Good Subjects, and what ren- 
ders Such Attempt from an Enemy more to be Ex- 
pected is the Easie Entrance to this Harbour it be- 
ing very free, and bold, and in three Hours Sail, they 
may be again with Land on the open Seas. 

Our Town has upwards of Three Hundred fight- 
ing Men and therein is Your Majesties Custom House 



l8o LAW PAPERS. 

above Mentioned, Every Inhabitant True and Loyall 
to your Majesty, Butby great Losses Sustained at Sea 
by the Depredations of the Spanyards &c, are not able 
of our Selves to put our Harbour and town in a 
proper posture of Defence, and fear we Shall Soon 
fall an Easie prey to an Haughty aspireing Enemy, 
Unless Your Majest}'- Graciously provide for our de- 
fence in this our Weak State. 

Wee beg leave to throw our Selves at your Ma- 
jesties feet, Our most gracious King and Common 
Father to his Subjects, Beseaching Your Majesty in 
your Royall Wisdom and Paternall Care to Order 
Such defence for us as may Inable us in a Manner 
becomeing Englishmen to Repell the Attempts of 
Your Majesties Enemies, that Shall be made on us, 
and Secure all Your Majesties good Subjects Come- 
ing into Harbour for protection. 

Wee pray the Mighty King of Kings to preserve 
Your Sacred Majesty from all the Attempts of open 
and Secret Enemies, to Bless and prosper Your Arms, 
and Cloath your Enemies with Confusion, that your 
Majesty may be Long Continued to Reign over us, 
and then be Received to Reign in Eternal Glory 
Amen. 

The above is a true Copy of wdiat was Voted at 

a Town Meeting held at New London June 1 2*^'' A : D : 

1744. 

Test Daniel Coit Town Clerk 

[Indorsed by Law] N London Address to his Maj^^' 



ACT OF MASSACHUSETTS BAY COLONY. 

Province of the ) t ,1 tt , ^ t n vos t th - 

Massachusetts Bay] ^"^ ^^^ Houseof Rep- June 12^" 1744 

Whereas the Preservation of His majestys For- 



ACT OF MASSACHUSETTS BAY COLONY. l8l 

tress at Annapolis Royall is an Affair of Great Impor- 
tance to the Crown as well as to the Respective 
Governments in New England and that until the 
Arrival of Some Forces there from Great Britain it 
may be for His majestys Service to Afford them some 
immediate Relief. 

Therefore Voted that His Excellency the Captain 
General be desired to give orders for raising two 
Independent Companys of Voluntiers Consisting of 
Sixty men each exclusive of Officers to be sent to 
that Fortress as soon as may be at the Expence of 
this province and for encouragement to good and 
Effective men to Enlist into this service that there 
be and hereby is granted to be paid out of the Prov- 
ince Treasury to each able Bodied man that shall Enlist 
Twenty pounds old tenor or other Bills of Credit Equiv- 
alent and that they be freed from all ordinary Im- 
presses in this Province three years after their Return 
and that His Excellency the Governour be desired to 
Acquaint the neighbouring Governments with the state 
of that Fortress, that they may afford a reasonable 
Aid of men for the aforesaid Purpose and inasmuch 
as the said Forces are neither to be Subsisted nor 
paid by this province during their Continuance there 
that His Excellency be further desired to use his 
good Offices with the Commander of that Fortress in 
Obtaining Pay and Subsistance for the said Companys 
from the Crown until they return home. 

Sent up for Concurrence 

T CUSHING vSpk'. 
In Council June 12"' 1744 

Read & Concurred 
J WiLLARD Secry 

Consented to W Shirley 

Copy Examined p J Willard Secry 
[Indorsed] Act of Massathusetts Assembly 



1 82 LAW PAPERS. 

FRENCH INDIAN TO INDIAN COMMISSIONERS. 

Comiss" Meeting y^ 14*'' June 1744 

A French Indian named agnaurasa appeared at 
this Board who vSays he is vSent by the Sachims of 
Caghnawage to Tell the Comiss" that they had Sent 
here in the Spring to Know what news of peace or 
war and the messengers were told that here was no 
news and now a Declaration of war was Sent from 
Quebeck to Montreal 25 days Since, at which he 
Says the Caghnawage Sachims are Surpriz"* as the 
News from Europe is Generally here Sooner than at 
Canada and that he was now vSent to Assure the 
Comiss" that the vSachims of Caghnawage were Inclin^i 
to Keep the Covenant and not to meddle with the 
war but to Live in peace and Keep open the path in 
assurance of this he was ordered to Give a String of 
wampam he farther Says that the Sachims are willing 
to Come Either here or Onondage to Renew the 
Covenant 

The Indian being asked Whither the other In- 
dians Subject to the french are not Included in the 
Treaty and Wherefore they did not Send here as 
well as the Sachems of his nation 

Whereto he answers that he was only Sent to 
Know the opinion of the English and if they were 
Inclin'd to peace that then the other Indians are all 
Inclin'' to Come to a place that vShould be appointed 
by the English to renew the Treaty and that in the 
mean Time no acts of Hostility Shall be Committed 
on their vSide 

He Says the Governour of Canada Told them at 
the Time he proclaimed war that he was Inclin'' to 
Live In peace in this Country and that he would not 
Commit Acts of hostility against the English unless 
the English began first 



INDIAN CONFERENCE. I 83 

The Indian being asked whither he meant this 
neutrality between this province or all his majestys 
Subjects on the Continent To which he answers that 
they meant All the Subjects of the King of Great 
Brittain upon this Continent Boston Pensylvania and 
all the other Governments 

The Indian being asked whither they meant the 
neutrality in Such a maner that in Case the English 
Should Attack the french in Canada that they Should 
then Joyn the french against the English or not To 
which he answered that the french Indians were 
Determin'' not to Inter meddle in the w^ar at all and 
that they would not assist the french if they Should 
be Attacked by the English 

[Indorsed] Agnarausas Proposalls in behalf of y*" Cag- 
nawage Copy 

CONFERENCE WITH THE SIX NATIONS OF INDIANS* 
Att a meeting of the Commissioners from the 
Colony of Connecticut and the 

Att Albany June Anno : Dom : 1 744. 

Present 
The Hon'''^' Roger Wolcott Esq"- 



Nathaniel Stanly Esq' 

The following propositions were made by the 
Commisioners 

first We are Verry Glad to meet you our old 
Friends and Allies at this Time & place and that we 
have now an oppertunity to Inform you that the Gov- 
ernour & People of the Colony of Connecticutt Subjects 
to the Great King of England rejoyce and are Verry 
Glad that the antient League & friendship Between 

* This and the three undated documents next following are probably of 
June 18, 19, or 20. 



l84 LAW PAPERS. 

that Eng-lisli Colony the Rest of his majestys vSub- 
jects and you (Which League Began When the 
English first Came to that Colony and has Been Re- 
newed Several Times Since) Has hitherto been Kept 
firm & Inviolable 

We are Verry Sencible that in the Time of the 
former War the French Tryed All ways to make you 
Break your Peace with us but you Resisted all their 
Temptations and Kept Steady to your Peace with us 
for which faithfullness in you the Governour & People 
of Connecticutt return you their Hearty thanks 

The Governour & People of Connecticutt Ordered 
us farther to Tell you that the Great King of Eng- 
land is Like a Tree Verry firm and Strong under the 
Shadow of whose Spreading Branches the Other Kings 
in Europe Come to Shelter themselves from the 
Storms that are Rais'' against them by the french King 

That about four years ago the French King made 
war upon the Queen of Hungary and Sent his armies 
Into her Country, who Kill'' a multitude of her Sub- 
jects & Destroy'' her Citys & Towns And Drove her 
out of a Great part of her Country in which Ex- 
tremity the Queen of Hungary flew to the King of 
England for help 

That the Great King of England (who always 
helps his friends & allies in adversity) took her un- 
der his protection and the Last year Lead his Ar- 
mies into her Country, where in Several Battells he 
beat the french armies Kill'' many thousand of their 
men in the field of Battle Drove them Quite out of 
the Country and restor'' all to the Queen of Hungary 
again 

That upon this the french King proclaim'' war 
against the King of England and his majesty hath 
proclaim'' war against the french 



INDIAN CONFERENCE. 1 85 

We make no Doubt but that the french who 
are always Contriving- mischief against all People but 
themselves will Excite you to Break your peace with 
the English & Joyn with them which if you Should 
Do and prevail against the English you Can Expect 
to fare no better in the End than the Queen of 
Hungary would have done if She had not been pro- 
tected by the English 

But we have no need to fear the french you 
Know that the English in these parts are 
to the french in Canada Especially we Shall have no 
Reason to fear them if you & your men who are 
Great Soldiers Keep true to your Covenants and friend- 
ship with us 

We are therefore Come to renew & Strengthen 
the antient Covenant Chain which has So Long bound 
the nations together and we hope will Endure till 
the 'Sun and moon Shall be no more 

And we propose 

[Indorsed] Treaty with the 6 Six Nations of Indians 
1744 

COMMISSIONERS FROM MASSACHUSETTS AND CONNECT- 
ICUT TO THE RIVER INDIANS. 

A Copy of the Speech Made by the Comiss" from 
Massachusetts Bay and Connecticutt to the river In- 
dians 

Neighbours and Friends 

We are Sent to this City from the Governments 
of y'' massachusetts bay and Connecticutt to Visit 
their Antient friends the Indians that Live in these 
parts we have vSeen and Spoken with the Six nations 
and we are now verry Glad to See you we Look 
upon you to be our Verry near relations and friends 



I 86 LAW PAPERS. 

We are Desirous of Keeping the Chain of Friendship 
free from rust. This a Verry propper time to Brighten 
it as well on your ace" as ours. The french have 
now without any Just Cause begun a war with the 
English and they would be Glad we and you too 
were Every one Destroy*^ They have been your old 
Enem3^s, and you Know you never Could trust them : 
We Expect they will be attempting to molest us and 
we depend upon it that you be on your watch and Give 
us Imediate notice of any vSuch attempts and we Doubt 
not you will be ready to afford your assistance if we 
Should be molested : and if the French molest you and 
you Give us notice we Shall be ready to help and De- 
fend you. The french In these parts are but a hand- 
full Compar'^ with the English, the English Govern- 
ments are now united and will Live and Die together 
and if the french behave as they used to do by Send- 
ing down their own men or the Indians that Live 
among them we are Resolved to Revenge it and y'* 
English and their Indian Friends are Strong Enough 
to Drive Every Frenchman into the Great Sea. 

The Governments we Came from had but a few 
days notice of this meeting or they would have Sent 
you a present from thence but w^e have their orders to 
procure Something here which Shall be delivered you 

[Indorsed] Comiss''^ Speech to y*" River Indians Copy 



SCHAGHTICOKE AND RIVER INDIANS TO GEORGE CLINTON 

AND THE COMMISSIONERS FROM MASSACHUSETTS 

AND CONNECTICUT. 

Answer of the Schathook and River Indians to 
his Excellency Gov' Clinton Esq' and the Comiss" of 
the Massachusetts and Connecticutt 

Fathers of the massachusetts Bay and Connecticut 

We are Glad to See you here and bid you all 



INDIAN CONFERENCE. 1 87 

wellcome we are all Inclin*"^ to Live in peace and 
unity with these three Governments and all the rest 
of his majestys Subjects 

Fathers 

We are Verry Glad we are all united in one 
Comon Covenant Chain and we are Resolved that 
it Shall not rust wherefore we wind around it with 
Bever Skins 

Fathers 

We are Ready to promote Good things what our 
Uncles the Six nations have promissed we also Readily 
Concurr in on our part. 

Fathers 

You are the Greatest and you have desired us to 
Stay at home which we promiss to Do and we hope 
you will Take Care that no harm Comes to us 

Fathers 

. We are united with the Six nations in one Com- 
mon Covenant and this is the Belt which is the 
Token of S'' Covenant 

Fathers 
Of Boston and Connecticutt whatever you desired 
of us yesterday we Engage to perform and we are 
Verry willing to Keep and Cultivate a Close Friend- 
ship with you and we will Take Care to Keep the 
Covenant Chain Bright 

Fathers 
You are a Great People and we are a Small one 
we will do What you Desire of us and we hope you 
will Take Care of us that no Harm Comes to us 
Gave a small Belt of wampam and three martyn 
Skins 

[Indorsed] Answer of the River Indians Copy 

[Indorsed] Answer of y' Six Nations and River In- 
dians to y*^ Comiss""" Copy 



1 88 LAW PAPERS. 

COMMISSIONERS FROM MASSACHUSETTS AND CONNECT- 
ICUT TO THE SIX NATIONS. 

Brethren of the Six nations 

It was by Accident that Gov'' Shirley and the 
Great Councill of the Massachusetts bay and Gov' 
Law and the Great Councill of Connecticutt heard of 
the Intended Interview to be had at this place (the 
usual place of meeting) and at this Time and altho 
they had vShort ■ notice yet they readily and Chear- 
fully agreed to Send us hither to Visit you We are 
Glad to See Such a number of you Safe ariv'^ here 
after the fatiegue of a Long Journey we present you 
with these Strings of wampam to pave the way to a 
free and open Conference Together 

We are Commanded in the first place to Remind 
you of the Long and uninterupted Friendship that has 
Subsisted (not only between his majestys Subjects in 
Gen" but) in particular between the Governments we 
represent and you the vSix nations which Friendship 
has been often repeated and renewed in the most 
Solemn manner and the Covenant Strictly Observed 
on our part and we Readily with pleasure Acknowl- 
edge that it has in General been Observed by you 
on your part 

We are Especially Directed to Brighten the Chain 
of Friendship and to Revive that antient amity and 
the Same to perpetuate 

A Belt 

His Excellency the Hon'"'' George Clinton Esq"^ 
Gov"" of New York has already acquainted you that 
war has been declared between Great Brittain and the 
french and that there is a Necessity of your being 
united with these Governments against our Common 



INDIAN CONFERENCE. I 89 

Enemy The french our Neighbours tho few in 
Number Compar*^ with the English in the Several 
Governments and their Neighbouring, friends yet are 
a Restless and uneasy People and Delight in afflicting 
all about them and are almost Continually at war 
with Some Nation or Other 

And it Imports us to unite and -by our Joynt 
forces to Oblige them to a more peaceable behavour 
of themselves In former times the weight of the war 
has fallen more heavily upon one part and Sometimes 
on another and our unhapiness has been that we have 
Acted too Independantly on Each Other we are all 
in one Interest and Should we Closely unite and 
Vigorously Pursue proper methods, we might vSoon 
Render Our Selves formidable to our Common Enemy 
Our Union is Our Strength — We are ready on the 
behalf of the Governments we Respectively Represent 
to Joyn With the neighbouring Governments and with 
the Six nations in promoting our mutual Safety and 
Defence and for the anoyance of those who are in 
heart Enemies to us all this being for your advan- 
tage as well as ours and an acting up to your 
Covenant Engagement we Cannot Doubt of your 
ChearfuU and Ready Concurrence 

A Belt 



WILLIAM PITKIN* TO JONATHAN LAW. 

Hartford June the: 19. 1744 
Plese your Honour 

by the order and at the Desire of the Committee 



•William Pitkin, born 1694, died 1769, a resident of Hartford, held many 
public offices. He was a Representative, a member of the Council, Judge 
of the County Court, Chief Justice of the Supreme Court, and Deputy 
Governor. Pitkin Family of America. 



1 90 LAW PAPERS. 

of Warr in Hartford*, I would accquaint your Honour, 
that I Came yesterday from the fronteer Towns in 
this Collony. I find them But to poorly Provided 
for with arms and Powder though Some and Some 
Towns are Midleing well, they are Now in feer. and 
Jest in there Haying and Neer Harvest, and I dont 
See How they Can Do Without Some Help at Present, 
Without Which indeed they will be utterly Discou- 
raged, Sharron and Selsbury, are in Great feer of 
the Indions on the west in New york Goverment, 
where is they Say Gathered above a loo of them, 
with the Moravions and they think they Plave Lately 
Ben Suplyed With Power &c in a private Manner So 
that they ware Jest on the Wings with advice — While 
I was at Litchfield, I Sent to Waterbury and Wood- 
bury for Twenty men to be Sent to each of the Towns 
viz wSharon and Salsbury, to abide there Till vSome 
further Povition be made for them, and in as Much 
as them Towns Lye in the County or Countys that 
Belong to the westward, and there is Ocation to Take 
men Here for Divers other Towns the Comittee of 
Warr thoat Proper thay Should be Suplyed from 
thence. Desire your Honour with the Counsell you 
Have (if you See fitt) to vSuply them, Pray your 
Honour to Signifie to the Comitt'"' your mind in that 
affare, the men that went on a Suden will Not exspect 
to be Detained Long there, the full acc^ of the Motion 
of Indions and Moravions I before mentioned with the 
Desire of the People they vShould Have Some Bounds 

*The Committee of War appointed by the General Assembly in Oct. 
1743 consisted of Deputy Governor Roger Wolcott, Nathaniel Stanly, Ozias 
Pitkin, William Pitkin, Capt. John Marsh, and Joseph Buckingham, all resi- 
dents of Hartford or its immediate vicinity. In May 1744 the Assembly 
appointed an additional Committee of War consisting of Gov. Jonathan Law, 
Joseph Whiting, Roger Newton, Ebenezer Silliman, Capt. John Fowler, and 
Robert Treat, all residents of New Haven or its vicinity. Colonial Records. 



INDIAN CONFERENCE. I9I 

vSett them I Sent with an exspress to His Honour the 
Deputy Governour thinking it the Best oppertunity 
while at Albany, and So Many from the other Gov- 
ermen' for Something to be Done, yett the More 
espeshall Occation of Now Sending to your Honour is 
About Powder Desire your Honour will Lett uss Know 
what Prosspect there is of any Comeing, Some wee are 
in Ness'aty of Haveing on Horse Back (If No other 
way) from New york or Some Town in this Collony, 
in a Short Time, for the vStiply of the fronteer, Wee 
Have allready Ordred fortifications in Divers of the 
New Towns and the Comitt"'' are About to Send 
Twenty Men to each Town Lying exsposed in this 
County, I Shall Not ad But that I am your Honours 

Obediant Humble 

Ser" 

W^i PITKIN 

[vSuperscribed] On His Majesties vService To the Hon- 
ourable Jonathan Law Esq'' In Milford 

[Indorsed] W"' Pitkins Letter June 19. 1744 — Concern- 
in e Frontiers 



JONATHAN law TO WILLIAM SHIRLEY 

Milford June 19 1744 

I had the favour of Yours of y*" 2'' Instant with 
y'' Proclamation of Warr as also y*' Act of your 
Asembly on y'' 5th I reed on fryday night follow- 
ing respecting Com'"' for y" Congress att Albany our 
Assembly had Provided in Cas Such an Occasion shuld 
happen that with y'' advice of y'' Council I shuld send 
Com""" but the time was so farr lapsd as to Render 
that impracticable so I gave a Com" to Gov' Wolcott 
and others who proceeded on Monday following hop- 



192 LAW PAPERS. 

ing to meet with your Com''' at Sheffield I would also 
inform your Excellency That wee have appointed a 
Com'''' of Warr att Hartford who are impowered to 
send forces to youer Assistance in Case of any Invasion 
or Eminent danger y'' of (?) upon Request made 

I Subscribe 

Your Excelencies 

very humble Servant 

JONATH LAW 
To W Shirley Esq' 

[Indorsed] Copy of a Letter to Gov'^ Shirley 



JONATHAN LAW TO WILLIAM GREENE. 

MiLFORD June 19"' 1744 

Youers of y*" 7"' Instant I lately rec'^ I am of the 
Same opinion with your Hon' our Interests are insep- 
erable and Shall be ready to Give all Assistance for 
your Defence I had ordered y*" Captain of our Sloop 
to take in his full Complement of Men and to Cruise 
from Montauk to Gay Head in Consort with your 
Colony Sloop and was very glad to here it was agree- 
able to you 

I tak leave to Subscribe 

Your Hon" most humble 
and obedient Servant 

JONTH LAW 
To W Green Esq' 

P S 

last Monday was Sennitt Gov' Wolcott &c Com""* 
for y*" Congress at Albany sett out on their Jurney 
from Hartford 

J L 



INDIAN CONFERENCE. I93 

THE SIX NATIONS TO THE COMMISSIONERS FROM MASSA. 
CHUSETTS AND CONNECTICUT. 

Answer of y" Six nations to Massachusetts bay 
and Connecticutt the 20"' June 1744 

Brethren of the province, of Massachusetts bay 
and Connecticutt 

You told us that you accidentally heard that a 
Conference was to be here at this Time between 
our brethren the Gov"! of New York and us and that 
as soon as you heard it you determined to Come 
here to this antient meeting place to Speak with us 
here in health we the Six nations do now answer 
you that we are Glad to See you here In health So 
far from from your habitations & that we have an opper- 
tunity to See you face to face 
Brethren 

We are Verry Glad that you have renewed to us 
the antient Covenant Chain which has vSo Long Sub- 
sisted between us and we do also understand from 
you that you and all the other Governments upon the 
Continent are now Strictly united together we the Six 
nations do now on our parts Likewise renew the 
Same and make it Bright and we are Sure that no 
Breach has Ever been in it we do now by this belt 
make it Stronger than Ever 
Brethren 

We have all of us heard what our Brother the 
Gov'' of N : York has told us that war is proclaimed 
between the Crowns of Engl'' and france we are Glad 
to hear that you are united with us and the Govern- 
ment of New York for in the unity of the Colonys 
Consists their Strength You also told 'us that that 
handfuU of men Compar'd with us the French are a 
Restless and Troublesom people that delighted in war 

We are Convinced that your Governments have 
13 



194 LAW PAPERS. 

Suffered Verry much from the Enemy heretofore but 
now we are united together we are not apprehensive 
of So much danger 

We the Six nations do now assure you that we 
will act by you as we will do by our Brother of 
new York and as we have Just now told him and 
that if the Enemy or any of the Indians their adhe- 
rents Attack any of your People you may depend 
that we will Joyn with you against them 

Gave a Belt 



INDIAN COiMMISSIONERS TO FRENCH INDIAN. 

Answer of the Comiss''" of Indian Affairs to Agna- 
rausa a Cagnawage Indian y*" 20^'' June 1744 

You told us the Other day that you was vSent here 
by the Sachims of the Caghnawages to Inform us that 
they are Inclin'' to Keep the Covenant Subsisting 
between us and in Consequence and in Consequence 
thereof not to meddle with the present war Between 
us and the french and that they are willing to meet 
here or at onondaga to Renew the Covenant you are 
to tell them for answer that we are Inclin'' to Keep 
a neutrality as formerly agreed and not to (xive any 
Occasion to Break it but in Order thereto we Expect 
as we have always told you (that all the Indians 
Living in Canada the Schaweindes Onagonges or by 
what other name they are Called as well as your 
Selves Shall firmly Observe a neutrality with us that 
is to Say not only with this province but with all his 
majestys Subjects upon this Cotinent and not molest 
any of them If all the Indians in Canada are In- 
clin'' to Keep the peace in this manner then tell 



MASSACHUSETTS COMMISSIONERS. I95 

them to Send Some of their Sachims of Each nation 
to this place in forty Days or Sooner (if they Can 
Where We Shall receive them Kindly and Confirm 
this neutrality with them all 

[Indorsed] Comiss" for Indian Affairs to agnarauso Copy 



MASSACHUSETTS COMMISSIONERS' PROPOSALS. 

Albany June the 20"'. 1744 

To His Excellency the Hon''* George Clinton 
Esq' Govern our of New York To the Hon'''' Rog" 
Wollcott and Nathanil Stanly Esquires Commissioners 
for the Colony of Connecticutt Convened here to Con- 
fer with the Several Tribes of Indians and In Con- 
cert with us the Commissioners of the Province of 
the Massachusetts Bay To Consult and agree on proper 
measures for the Mutual Defence of his Majestys Sub- 
jects of the Provinces and Colonys we Represent In 
the Present War against the French and Such as are 
or may be their Abettors and Adherants and for An- 
noying the Common Enemy In Such manner as may 
be thought most proper. 

Whereas the Conference with the Said Indian 
Tribes which has Hitherto taken up our time is now 
in a manner over, we the Said Commissioners for the 
province of the Massachusetts Bay In the name of 
our Government do further propose to Your Excel- 
lency and Honours that it be now agreed. 

First That in Case an Invasion Should be made 
by vSea or land on Either of the vSaid Governments 
by the French or Indians In the present War, the 
other Two Shall Hold themselves obliged to Send 
Succours to their Relief In Such number and manner 



196 LAW PAPERS. 

as may be Reasonable and Necessary and as we 
Shall now agree on, 

2diy 'pi^at a Proportion of men (to be armed Sub- 
sisted and paid by the Governments that Send them 
Respectively) be agreed on to Scout and Scour the 
Woods In Case of an Indian War. 

3'"y To agree on a Suitable number and propor- 
tion of good Cruising Vessells well armed and man'd 
by the Governments Respectively to Guard our Sea 
Coasts. 

4"' To agree upon the most proper methods for 
our Mutual Information and notice of any approach- 
ing Danger by Sea or Land, 

5"" To Consult about and agree to the most Ef- 
fectual Measures of Annoying the Indian Enemy In 
Case they make war upon us, 

6"' To Stipulate that no peace be made with the 
Said Indians or any Tribe of them Warring with 
these or Either of these Governments without the 
Privity and Consent of the Whole. 

7"' To Consider the Necessity or Expediency of 
Carrying the French war into their own Settlements 
and to agree on the proportion of men Each Govern, 
ment Shall find In Case of Such an Attempt. 

8"' To agree on What Incouragement Shall be 
Given the Indian or English vSoldiers we may Send 
out against y" Enemy 

9*^'' To Consider whether it may not be proper 
in Some Suitable manner to Desire the Governour of 
Canada to forbear the former Practice of Sending 
Scouts of French or Indians In Small Partyes on our 
Frontiers to knock our Women and Children in the 
head and propose that he Carry on the Warr In a 
manner more agreeable to the Usuage of Civilized 
Nations and to Lett him know that unless he Con- 



JOSEPH MINOR. 197 

forms hereto he will Necessitate us to take the Same 
methods with his People. 

JOHN vSTODDARD ^ 

JACOB WENDELL | 

THOs BERRY [ Comissioners 

JOHN CHOATE I 

THO HUTCHINSON i 



JOSEPH MINOR* TO JONATHAN LAW. 

Woodbury June 20^" 1744 
Hon-"' S^ 

I have here Inclosed, what Just now I Reed from 
our Neighbours at Kent, Respecting their want of 
ammunition, & where they Can have a supply I must 
Confess I am at a Loss : If your Hon' & the Coun- 
cil with you, will Direct this Messenger where to get 
a supply either from some of the stores at the sea- 
side, or from the Gen" store it will be well As for 
the Moravians that were ordered out of this Goverm* 
they are moved Just over the line into New York 
Goverm* & seem to Keep our Indians in a Continual 
Stirr, If New York Authority would take orders to 
Remove them out of their Goverm' It is thought 
that the uper Towns would be Considerably Quieted, 

I am Your Hon'* 

Humble Serv* 

JOSEPH MINOR 

[Superscribed] To The Hon''*^''" Jonathan Law Esq' 
Gov' of His Majesties Colony of Connecticut at 
Milford. f M' Barnum 

[Indorsed] Coll' Minors Letter 

* Joseph Minor of Woodbury frequently represented his town in the 
General Assembly, was Judge of Probate for the District of Woodbury, 
and was appointed Colonel of the thirteenth regiment in Oct. 1739. Co/- 
onial Rcc07-ds. 



198 LAW PAPERS. 

JOSEPH MINOR TO JONATHAN LAW. 

Woodbury Jun 20"' 1744. 
Hou^' S' 

By order from one of the Com""^"' of War at Hart- 
ford for the Releif of some of the tipper Towns in 
our Goverment we sent thirty men for their help : 
& being ordered to move suddenly, we was Under 
Necesity to take men who have much business Lying 
on their Hands, & also to take Horses out of mens 
teams, who must lye stil til they Return, & there- 
fore there seems to be a Necesity that our men 
should be speedily released & if there Must be men 
ordered to these Towns to Gaurd &c. whether It may 
not be best to order such persons to attend, whose 
business will not suffer, we should Gladly Receive 
orde[ ] Respecting our Indians, & hope your Hon'' 
will make such ord" Respecting the Indians as may 
be though needfuU, I Just now understand from the 
Com""*" of war at Hartford, that they have Desired 
your Hon'" to send help from the western parts to 
the Northwest Towns : &c : I Refer matters more 
^ticular to Col' Preston &c : I wish yo'' Hon'"* Long 
& Lasting Health & am 

Yo"" Hon'"' Obedient Serv' 

JOSEPH MINOR 

PvS 

our men which were sent were ordered to Carry 
Provision for one week 

[Superscribed] To The Hon^''''^' Jonathan Law Esq' 
Gov'" of his Maj''*-'' Colony of Connecticut att Mil- 
ford f Col' Preston 

[Indorsed] Coll' Minors Letter 



EDMUND LEWIS. — WILLIAM GREENE. I99 

EDMUND LEWIS* TO JONATHAN LAW. 

Stratford June y'' 22'' 1744 
May it pleas y'' Hon*^' although I am well satis- 
fied that your Hon'' is fill'' with a deep Consearn for 
y'^ Wellfare and safety of y" people of this Gouer- 
ment that your Hon'' Under God has y*' Care of : and 
that you will aduise and do Euery thing that may be 
thought proper for there safety and Defence, and be- 
ing my sef Consearned for y"' safety of my fellow- 
men & freinds that may be more Exposed to y*^' 
Enemy in our frontear and New plantations Would 
humbly propose to your Hon''* Consideration Whither 
it might not be best to Call in our owne Indians 
and by sum means haue them Confined within sum 
suitable limmits and ordred to make there appearance 
Euery day to sum sutable persons who may be In- 
trusted to haue y*" ouersite of them for if they should 
fall in with y'^ Enemy being acquainted with y'' set- 
uations of our scattered people in y"' Wilderness would 
be our worst Enemies. All which with due Regards 
to y'' Hon'' is submitted to your Hon''" Wise Consider- 
ation by your Hon"'' most humble obedient seruant to 

Com'"' 

EDMUND LEWIS 

[Superscribed] To The Hon^^'''" Jonathan Law Esq"" 
at Milford Gouerner. 

[Indorsed] M'' Edmund Lewis's Letter 



WILLIAM GREENE TO JONATHAN LAW. 

Newport 23'' of June A D 1744 
Yours of the 19^'' Instant; I this Day Rec' And 



* Edmund Lewis of Stratford was Deputy from that town, an Assist- 
ant, Justice of the Quorum and Lieutenant Colonel of the fourth reg- 
iment. Colo7iial Records. 



200 LAW PAPERS. 

Caused the Same to be Read in presence of our Gen- 
eral assembly ; the Contents of which was well ap- 
proved of ; but since Your Hon^ Doth not Inform us 
how long Your Sloop is to Cruise I am advised by 
our assembly to Inform Your Hon'' that our Sloop is 
ordered out as Soon as may be ; and to Cruise from 
Marthaes Vinniard to Montague, and as far westward 
therof as the west end of Long Island ; and so to 
Cruise untill the first of octob'' Next, provided Your 
Colony Sloop Shall Joine with ours in S'' Cruise ; 
which I make no Doubt of from the Contents of 
Your Hon" Letter ; this act of our assembly has Been 
past vSince I wrote to Your Hon'' Last. 

I Pray Your Hon''" Answer as Soon as may be, 
our vSloop will Soon be Ready, the Chief She wates 
for is powder and that we Expect Daily from York 
or Philadelphia 

I Am S'- 

Your Hon''" Most Humble 

and obedient Servant 

W GREENE 
[Indorsed] Gov'' Greens Letter 

JONATHAN LAW TO TITUS HURLBURT. 

MiLFORD June 26"' 1744 

By y'' Advice of y" Councill of Warr with me 
I hereby Order & Direct you to Enlist Twenty able 
bodyed men for y"" Managment of y"' Battery * and 
that they be Allowed half pay and you are to In- 
struct y'" in w^ is proper for Such Service 

JONTH LAW Gov 
To Titus Hurleburt 

Cap* of y' Battery 

• The Battery was situated at New London. Colonial Records. 



JOHN PRENTIS. — JEREMIAH MILLER. 20I 

JOHN PRENTIS TO JONATHAN LAW. 
May it please y Hon 

I have Eighty men on board and all ready to 
saile Excepting powder our rigging is bad and thear 
is none to be had hear ; if you hon'' will please to 
order 5 or 6 hundred weight of flax 1 Can have it 
made up Directly; we must have spare rigging in Case 
of an ingagment wheare we must Expect to have 
our rigging Cut to peices and if we have none to 
reave and mend we must suffer ; I shall strictly Ob- 
serve y Hon''^ orders from time to time 

I remain y"" Hon" most 

Obed' Humble Serv' 

JOHN PRENTLS 

New 'IvONDON June 27"' 1744 

[Superscribed] On His Majestys Service To the Hon'' 
Jonathan Law Esq' in Milford 

[Indorsed] Capt" Prentice Letter June 27 1744 



JEREMIAH MILLER* TO JONATHAN LAW. 

N. LOND"* June y 27*'' 1744 



5' 



I have your Hon" fav' of y'' 19"' Instant and am 
Sorry to hear that you are out of Health Especially 
at a juncture when your Hon" Counsel & assistance 
is so very Necessary and you must neads have so 
much up" your Hands 

I percieve Our Country Sloop has now almost y® 



* See Talcott Papers, ii, 187 {Co/lections, V). 



202 LAW PAPERS. 

full Comp"^ of Hands on Board ; the offic" apply to 
me Daily to do what is not in my power viz. to Sup- 
ply y-' Sloop with Gun powd' I've Read to y"' y'' par- 
ag-r'''' of your Hon'' Let"" Relating to this Article, & 
tell them that I know that y'' best & most Expedi- 
ti"^ measures will be taken to Effect y'' thing ; M' 
Gross y^' Lieu*- is at my Ellbow and desires me to 
signify that He (when out on a Cruise) will stand 
pilate if approvd off by your Hon' as it is bv y'' 
Cap' 

I Doubt not nor Nev'" did, of your Hon" Readi- 
ness to put this Port & place into a betf posture of 
Defence, & in my poor Essays to do it have had in 
view not (3ur Safety only, but y" good of y'' Con- 
stitut" Have always Even Down to this Mom^ done 
my utmost to prevent Peoples taking any Methods 
(that might affect our PriviP''') Either by Design or 
Accident 

the guns w'"' your Hon'' mention I mounted at 
y'^ Harb'"' Mouth immediately after my Return from 
y^ Assembly but they nor Even the Battery it self 
Can be of any Service unless your Hon'' & Counc" 
pursu' to y"' Act of Assembly in y'' Case (a Copy of 
W'' is before Me) shall Order y'' Cap* of y'' Battery 
To Inlist a suitable Numb'' of Men Subjected to His 
Command and Regulated and Discip'' as Directed in 
y^ Act afores'^ the Let'' w^'" attended M^ Hulls ^ Bill 
Can vSuffer nothing by being open'd, He Desires your 
Hon' to Close it again I gave M"" Hull as before 
Hinted my word that He might Expect an Order 
for His Money soon and in Contracting for the Bill, 
told Him I would stand Ready to pav v'' purchase 
in Case there Should be any Delay. 

Your Hon' will pardon y" Errors of w'" Fve writ 



JONATHAN LAW. 203 

in a Hurry Especially since I am much Indispos'd 

I am 

Your Hon'^ Most Obliged Hum'*^ 

Serv* 

JER. MILLER 
To Gov'" Law 

[Superscribed] To The Hon'''' JonatpP Law Esq' Gov- 
ern'' of His Majestys Colony of Connectic* at Mil- 
ford. I s/6'' 

[Indorsed] M'' Millers Letter June 27 1744 



JONATHAN LAW TO GURDON SALTONSTALL. 

To Co//'- Sa/toiista// &c Com*" 

The Counsell cant Think it needfuU at present 
to Call an Assembly. 

Sir Please to Inform y*" Severall Gentlemen Con- 
cerned that m}^ Son Andrew is Just Returned from 
N : York with Account from M'' Lewis who has pro- 
cured Eight half Barrells of powder at y'' Rate of 
25" '^ Barrell and no more Could _be Obtained and 
had he been but a Few Minutes Later it had been 
Sold for 26", as was y' which he had Engaged for 
16", of which wee are Disapointed it is to be brot 
from Whitstene by M'' Sears of Middletown, and it 
is Consigned to Col. Whiting of New Haven ; 

I Rec'' an Account from Gov' Green of a Vote 
of their Assembly for their vSloop to Cruise with ours 
where I had before directed Cap' Prentis 

The Gentlemen with me dont at present vSee it 
proper to order any thing for which he moved and 
Conclude it proper for y*" Commissary to provide 

JONTH LAW Gov^ 
MiLFORi) June 28"' 1744. 

Post S. I have inclosed an Order on y'' Treas- 



204 LAW PAPERS. 

urer to pay to Esq"" Hull 250" old Tenner for y^ Bill 
of Exchange of 50" Sterling Could be glad of iQ^^en 
more N : York money or Sterling Equivolant of which 
you will Inform me if any way can be found for it 
Give my Thanks and vService 

J. L. 
[Indorsed] Copy of a Letter to Coll Saltonstal 



JONATHAN LAW TO WILLIAM GREENE. 

MiLFORD June 29"' 1744 
5'" 

I just now rec'' ^jp the post Yours of the 23'' In- 
stant and M' Coggeshall Intending to Sail for New- 
port this Night or to Morrow Morning thot it most 
likely to give you the Quickest Intelligence thot best 
to Improve it and Shall give Orders According to 
Your proposals Tho I am not so fully Sensible of 
the Advantague in Going any further westward than 
was at first projected & had rather that were abated, 
but if you insist upon it Shall make no Difficulty. 
I also this day rec'' Ace' from New London that our 
Sloop is near fully Mailed & will be delay'' onh^ on 
Ace' of the Same Article w" Yours is; a Supply of 
w' I hourly Expect from N York to be landed att 
New Haven even all that I can any where procure, 
when & where Yours & ours may Joyn Give Notice 
to our Cap' Prentis att New London ; I am Inform'' 
from Boston this Day That Cap' Tyng on vSaturday 
Night last took a french Privateer off the Back of 
Cape Codd but Doubt not but you have fuller Ace'. 

Our Comm" from Albany are Return'' & y*" In- 
dians propose a Neutrality w'' is Accepted & y*" French 
Indians are Allowed 40 Days to Come to Albany by 



JONATHAN HAIT. 205 

Y'' Sachems & Come into the Same Agreement Other- 
ways to be look upon as Enemies & two Sachems 
are Gone to y" Eastward to Oblige y" Indians there 
to Come into s'^^ Same, Doubtless you have or will 
Soon have a full Acc^ y'of. I take leave to Assure 
Your Hon'' That I am 

Your assured Friend & 
Humble Servant 
To Gov' Green 

[Indorsed by Law] Copy of Letter to Gov' Green June 
29 1744 

JONATHAN HAIT TO JONATHAN LAW. 

Stanford(?) July y' 5*'' 1744 

May it please yo' : Hone' : Persuant to yo'' : Hone''^ 
order & Direction to me I have Enlisted one Hundred 
Good Effective men in y*" Ninth Regiment of y*" militia 
of This Colony according to yo' : Hone" order & y'" men 
out of Each Compeny in s'' Regiment are as folloeth 

out of Cap' woods Compeny y*" first militery ] 
Compeny in Stanford Ten Good Effective men > 10 
all of Them Imprest ) 

& out of Cap* maltbies Compeny y'" second mil- ] 
itery Compeny in Stanford Eleven Good Effective V 1 1 
men & all of Them volunteers ' 

& out of Cap* ketchums Cumpeny y'^ first ] 
militery Compeny in Nor walk Ten Good Effective - 10 
men all of Them Imprest j 

& out of Cap' Clugstons Cumpeny y'^ second ] 
militery Compeny in Norwalk Ten Good Effective >■ 10 
men & all of Them Imprest ) 

& out of Cap' marvens Compeny in wilton ^ 
Parrish Ten Good Effective rnen one Enlisted > 10 
volunteer & Nine of Them Imprest j 



206 LAW PAPERS. 

& out of Cap* Carters Compeny in Ca[naan?] ] 
Parrish Eight Good Effective men all of Them 
Imprest 

& out of Cap' Ra3^monds Compeny in med- ] 
dlesex Parrish Eight Good Effective men all of >- 8 
Them Imprest j 

& out of Cap' Pecks Compeny in Greenwich ] 
Three Good Effective men one volunteer & two ;- 3 
Imprest ) 

& out of Cap' Chapmans Compeny in Ridge- ] 
field Nine Good Effective men Eight volunteers ^ 9 
one Imprest j 

& out of Cap' meads Compeny in hors Neck ) 
in Greenwich Eight Good Effective men all of >• 8 
Them Imprest J 

& Out of Cap' knaps Compeny in hors Neck ] 
in Greenwich seven Good Effective men & all >• 7 
of Them Imprest j 

& out of Cap' ferrises Compeny in stanwich ] 
Parrish six Good Effective men and all of Them > 6 
volunteers ) 

& I hope y' They will be all Ready when yo'' 
Hone' shall order to y'' assistance of New york & I 
Remain yo"" hone" most obediant servant 

JONTH; HAIT COLO'- 
[Superscribed] [ JON'^" Law Esq"' [ ] 

[ J majesty s Colony [ ] in 

New England at [ Jford These 



LIST OF SOLDIERS FROM COL. JONATHAN HAIT'S REG- 
IMENT. 

May it pleas yo' Hon'' pursuant to yo'' Hon" or- 
der to me I have Enlisted & Imprest one Hundred 
Good Effective men in y' Ninth Regiment of y"' mi- 



LIST OF SOLDIERS. 



207 



litia of This Colony according to yo^ Hon" order 
dated June y'^ 14"' 1744 & a list of Their Names I 
hear return to yo-- Hon"- & They are as folloeth 



In Cap* wood Compejiy 
Nath" Hail Ju^ 
Nath" wood Ju^ 
frances Brown Ju' 
will"' lloyd 
Ebe"" waterbery 
Jon"' vStevens 
Joseph Hunt Ju' 
Israel leeds 
Israel lockwood 
Jon"' waterbery Ju' 

Cap* maltbies Comp'' 
Amos wood 
david June 
Quint Pach 
Jonathan Clason 
Nath" lownsbery 
Josiah Scofield 
Reuben knap 
Sam" Pettet 
Nehemiah lownsbery 
Gershom mead 
daniel v/hitney 
all volunteers 

Cap' ketchum Comp" 
Joseph marvin 
Nathan mallery 
Janes fitch Ju' 
david Bouton 
Sam" Gregory 



Imprest 

John Hyat 
Joseph Serif ner 
Uriah Scrifner 
Ebe' Han ford 
John Taylor |u' 
all Imprest 

in Cap' Clugston Cumpeny 
John Lockwood 
Nathan S' John 
Thomas Betts 
Daniel Lockwood 
Thomas Gregory 
Dan' Raymond 
Joseph Jarvis 
Dan' Knap 
William Trusdill 
William Parker 
all Impressed 

In Cap' i\Iarvins Company 

Moses Jackson A^olunteer 

W'" Sterling 

Martin Elmer 

John Cole 

Joseph Patch in 

Philip Phillups 

Isaac Burchard 

Nath' Griffin 

Benj^' Stewart 

Joseph Ketchum Impressed 



20S 



LAW PAPERS. 






In Cap^ Chapmas Company 

Henry Whitne 

Joseph Davis 

Albert Chapman 

Jonathan Ohnstead 

Benj-' Hayt Jun'' 

Thomas Halley 

Elijah Keeler 

Jacob Cane 

Eben'- Stebbens Impressed 

In Cap*^ Pecks Company 
Eben'' Burley 
Sam' Johnson 
Jon'' Whelply Jun' 

one Volunteer 

two Impressed 

Cap* Raymonds Compan}^ 
John Raymond Jun"" 
Kitchel Bell 
Abraham Reed 
Nathan Sellick Jun'' 
David Sellick Jun'" 
Sam' Bates 

Joshua Morehouse Jun' 
Thomas vSlauson 
all Impressed 



In Cap*^ Carters Company 
Eben' Smith 
William Bolt 
person Bishop 

A True list Examined 
pr JON"^" Hait Colo' 
[Indorsed by Law] Coll' Hoits List of Souldiers 



David Stephens 

John Finch Jun' 

Dan' Tuttle 

Dan' Benerdict 

Elijah Green all Impressed 

In Cap*^ Ferris Company 

John Ferris Jun'' 

Peter Ferris Jun' 

Jehiel Tyler 

Isaac Palmer 

Enos Palmer 

Nath' How all A^olunteers 

In Cap* Knaps Company 
Caleb Ferris Jun'' 
Nath" Stud well 
Zebediah Mead 
Benj-' Holms 
W" Williams 
Benjamin Holy Jun' 
Thomas Griffis 
all Impressed 

In Cap* Meads Compay 

Sam' Bush 

Morris Callary 

Peter Cavanaugh 

John Reike(?) 

Sam' Perry 

Joseph Barton Jun' 

Charles Disney 

John Rich all Impressed 



LIST OF SOLDIERS. 



209 



LIST OF SOLDIERS FROM COL. JOHN BURR'S REGIMENT. 
Here follows a List of y' Souldiers Enlisted & 
Impressed out of my Ridgment pursuant to his 
Honours y" Govenours Orders bearing date June y'= 
14''^ AD 1744 



Souldiers Enlisted 
Andrew Burr Jun' 
jabez Buckley 
Benjamin Lines 
David Darling 
Joseph Gold 
Joseph Merchant 
William Arnold 
Peter Foot 
John Barlow 
John God free 
Beebe Mills 

Souldiers Impressed 
John Gilbert 
Dan' Booth 
Zachariah Blackman 
Hez : Thompson 
John Burton 
John Wilcoxen 
Nathan Beardslee 
Lewis Judson 
William Nickolls 
Josiah Bears 
John Whitehead 
Benj-' Jennings 
Hous Osburn 
Dan" Perry 
Sam" Wells Jun^' 
Benj' Wheeler 
14 



John Cooke 
Eben^ Wakele 
Charles Burrit Jun'' 
David Lacey Jun' 
Hez : Bennitt 
Nath" Hall 
Elisha Vv^akele 
Deliverance Wakele 
Gershom Odell 
Benj'' Seeley 
Dan' Turney 
John Summers Jun'' 
Eben' Midlebrook 
Nathan Thompson 
Jabez Patchin 
Stephen Turney 
Jon^' Whitlock (?) 
Anthony Annaball 
Dan' Silliman 
Benj-' Squire 
John Murwin 
Nath" Sterling 
Isaac Halley 
George Outman 
Sam' Hurd 
Gideon Booth 
Edmund Leavensworth 
Sam' Davis Jun'' 
John Jones 
Butler Malary 



210 



LAW PAPERS. 



Nathan Guy re 
Richard Ring 
Stephen Butler 
Nathan Godfree 
Eben' Andrews 
Thaddeus Morehouse 
Eben' Mead 
Andrew Sherwood 
Eben"" Squire 
Ephraim Bears Jun' 
Benj'' Frost 
Isaac Sherwood 
Sam' Elwell 
And'' Winton 
John Whitney 
vStephen Hull 
David Tharp 
Joseph Gilber 
John Drew 
Lemuel Price Jun'' 
Eben"" Tharp 
David Williams Jun' 

[Indorsed by LawJ Coll' 



Thaddeus Whitlock 
Dan^ Rumsey 
Thomas Turney 
John White 
Joseph Oakley 
Thaddeus Hubble 
Samuel Bascet 
John Peet 
Eben^ Foot 
Amos Henman 
Sam' Curtiss^ 
Augur Judson 
Eben'' Huble 
Sam' Beach 
Dan' Wells 
Thomas Curtiss 
David Barlow 
Joseph Brinslee 
Joseph Paterson 
Edward Osburn 
John Porter 

John Burr Col 
Burrs List of Souldiers 



JONATHAN LAW TO THE GOVERNOR'S COUNCH. 
To y' Hon''f 1 Roger Wolcott Esq^ L. Gov 

•James Wadsworth ] 

Nath' Stanly 

Joseph Whiting 

Ozias Pitkin 

Timothy Perce '- Esq'' 

Samuel Lynde 

Will'" Pitkin 

Jon"' Trumble 

John Bulkley 



JONATHAN LAW. 211 

Having special Occasion for a Council I hereby 
appoint Wednesday next for a Council to be held in 
Newhaven att the Council Chamber and accordingly 
require your Attendance 

Given under my hand att Milford this 6"' day of 
July Anno Dom, 1744 & 18"" year of King George y*' 
second 

JONTH LAW Gov« 



ORDERS OF THE GOVERNOR AND COUNCIL. 

At a meeting of the Gov' and Council In New 
Haven July 11"' A D 1 744 

Present 

The Hon"'' Jonathan Law Esq' Gov''. 

The Hon^'-^ Roger Woolcott Esq' D Gov'. 

James Wadsworth Esq'. 

Nath" : Stanly Esq''. 

Joseph Whiting Esq'^. 

Tim" Pierce Esq'. 

Sam" Lynde Esq''. r Assistants 

Will'" Pitkin Esq'. 

Roger Newton ^sq'. 

Eb Sillaman Esq'. 

Ordered that his Hon"' y Gov' be desired to 
wright to his Excellencey Gov' Clinton and Informe 
him that the matters proposed to be Considered of by 
the Comissinors from the Several Goverments are Such 
that Comissinors Cannot be Appointed, in this Coloney 
but by the Generall Assembly & that the time is so 
Short, be fore y" Convention that y'" Calling an As- 
sembly is altogether Impractable, requesting of him 
that in Case Comissinors Shall Convene at N york 
from the other Goverments he would in forme his 



212 LAW PAPERS. 

Hon' of tlie resolution of Such Comissinors that they 
allso may be laid before our General Assembly 

Ordered that the third Wensday of August next 
be religiously observed 'as a day of public fasting and 
prayer through out this Coloney to Implore the Divine 
Blessing and protection on His majesties Sacred per- 
son; and Success on his armes in the present Warr, 
and that God would Save us from y" miserey and 
Calamities of warr, prepare his people for the blessings 
of peace and in his own time restore it to them 

The Treasurer of this Coloney is hearby Ordered 
& Directed to pay out So much of the Silver in the 
Treasurey to his Hon'' y' Gov'' as Shall be Sufficent 
to pay for five barrels of powder, Lately purchased 
and allso for what remains due for what was pur- 
chased before 

A true Coppy Exam'' 

f? Nath"-^ Stanly Clerk Council 

[Indorsed] Acts of Council N H July ii 1744 



JONATHAN LAW TO GEORGE CLINTON.* 

MiLFORD July 13"' 1744 
Please Your Exeelle)icy 

On an Intimation from Gov' Wolcott of a Pro- 
posal for a Meeting att N, York the next Week of 
Com'' from y' several Provinces I calld the Council 
who are of Opinion That y' things proposed require 
a more especial Direction of the Assembly, w^'' the 
shortness of time renders it impracticable to comply 



* George Clinton was youngest son of Francis, sixth Earl of Lincoln. 
After having ^^held the position of commodore and governor of Newfound- 
land he became governor of New York in Sept. 1743 and continued in the 
office for ten years. He was vice-admiral of the red in 1745, and admiral 
of the fleet in 1757. Appleton''s Cyclopedia of American Biography. 



FRANCIS LEWIS. — ELIAKIM PALMER. 213 

with. I therefore desire if any measures should be 
come into, That you would please to acquaint me 
with them that I may lay them before our Assembly 
the first Opportunity, and Subscribe 
Your Excellencies 

most humble Servant 

JON™ LAW 
To Gov' Clinton 
[Indorsed] Coppy to Gov"' Clinton July 13 1744 



JONATHAN LAW TO FRANCIS LEWIS. 

MiLFORD July 13 1744 
5"" 

I am Inform'd by yours of the 9**" Instant that 
You have procured five hundred weight of Powder 
& have it at Your Country Seat, Which please to 
Shipp by the first Good & Safe Opportunity To New 
Haven & Consigne it To Joseph Whiting Esq as before 
&c and Shall by the first Conve[ ] Opportunity 
Send the pay for Said pow[ ] and the Ballance 
of our old Account 

from your Humble 
'Servant 

JONTH LAW 
To AL Fran Lewis, New York 
[Indorsed] Coppy of Letter to M' Lewis July 13 1744 



ELIAKIM PALMER TO JONATHAN LAW. 

As I have at present nothing very material to 
write you this serves only as a Cover to two Let- 
ters, one of w'"' being from a Comm'""" chosen here 
for takinof Care of the Civill Affairs of the Dissenters 



214 LAW PAPERS. 

of w'^^ I am one I need add nothing more than my 
best wishes for the Prosperity of the Province in all 
its concerns & that the Religion of Christ may in 
its greatest purity flourish among you 
I am vSir 

Yo'' Hon'^ most faithfull 
hum^'' vServ'' 

ELIAKM PALMER 
London 14"^ July 1744 

To the Hon""^ JoN'^ Law Esq^ 



WILLIAM SHARPE TO THE COLONY OF CONNECTICUT.* 
At the Court of Kensington, 
the 19"' day of July 1744. 
(L. vS.) Present 

The Kings most Excellent Majesty 
in Council. 

Upon reading at the Board a Report from the 
Right Honourable the Lords of the Committee of 
Council, Dated the 19"' of last Month, relating to the 
making a Settlement upon the Island of Rattan ; f — 
His Majesty in Council was this day pleased to ap- 
prove of what was therein proposed, and hath ac- 
cordingly Ordered, That the Governor of Jamaica 
should issue a Proclamation in his Alajesty's Name 



*This document accompanied a letter from the Board of Trade dated 
Aug. 28, 1744. Sharpe was clerk of the Privy Council. KinibaWs Corre- 
spondence of Colonial Governors of Rhode Islafid. 

+ Rattan, now called Ruatan, Island is the principal one of the Bay Islands 
lying off the coast of Honduras some five hundred miles from Jamaica. It is 
about thirty miles long by eight to thirteen in width. It has numerous 
harbors of which Port Royal is the chief. A few years after this date it 
is described as a very plentiful island, abounding with wild animals, fowl, 
turtle and fish, having rich and fertile soil and much large timber. Jefferys' 
Description of the Spanish West Indies. 



WILLIAM SIIARPE. 21 5 

promising the following Encouragements to such Per- 
sons being Protestants as shall be willing to settle 
in that Island, — Viz*. 

" That Port Royal in Ratan shall be a free Port 
" for all His Majesty's Subjects, where no Duties 
" either of . Export or Import shall be paid for any 
" Goods or Shipping under any Pretence whatsoever." 

" That a reasonable Quantity of Land shall be 
" granted to all New Comers being Protestants, either 
" British or Foreigners, in Fee Simple, in proportion 
" to the Number of People by them Imported, that 
" is to say, for every Alan, Woman or Child as well 
" Freemen as Slaves, Twenty Acres." 

" That the Land shall be surveyed, laid out and 
" granted to such New Comers, free of all Fees, 
" Charges or Rewards for which Purpose a proper 
" Person may be Authorized by his Majesty." 

" That the said Lands shall likewise be exempt 
"from all Quit Rents, Dutys and Services for Twenty 
" Years from the Date of their respective Grants, ex- 
" cept only Services in the Militia for Defence of the 
*■' Island in time of Need, and after Expiration of 
" Twenty Years to pay a Quit Rent not exceeding 
" Two Shillings for each hundred Acres." 

" That Every Inhabitant his Family and Slaves 
" shall be subsisted with Provisions out of the publick 
" vStores for the first Year after their Arrival, and be 
" furnished with working Tools for clearing and cul- 
" tivating their Lands." 

"That all Protestant Natives or Foreigners shall 
"enjoy full Liberty of Conscience in Matters of Re. 
" ligion and be intitled to all the Privileges apper- 
" taining to English vSubjects." 

" That no Inhabitant of the said Island, during 
" his Continuance there, shall be arrested. Distrained 



2l6 LAW PAPERS. 

" or prosecuted for any Debt contracted before his 
"Arrival in the said Island." 

"That, an additional Encouragement be given in 
" Grants of Land to all Carpenters, Sawyers, Smiths, 
" Coopers, Alasons, Bricklayers, Brickmakers and all 
" other Handicraft Tradesmen that shall settle in the 
" said Island." 

" That His Majesty is graciously pleased to issue 
" his Royal Orders to the Governor of Jamaica and 
" to the Commander of His Majesty's Squadron sta- 
" tioned on that Island, upon all Occasions to protect* 
" defend and assist the Inhabitants of Rattan." 

And His Majesty judging it proper, in order to 
the making a speedy Settlement on the said Island, 
that the aforementioned Encouragements should be 
published and made known in Others of his ]\Iajesty's 
Colonies abroad. Doth therefore hereby Order, That 
the Lords Commissioners for Trade and Plantations 
do transmit Copys of this Order to the Governors 
and Commanders in Chief of such of His Majesty's 
Colonies in America, as they shall think proper on 
this Occasion, with Directions to them to cause the' 
said Encouragements to be published and distributed 
within their respective Governments. 

Sign'd 

W: SHARPE 
[Indorsed] Rattan 

FRANCIS LEWIS TO JONATHAN LAW. 

]\jw York 21 July 1744 

Since I rece'd your Honours last Letter I have- 
several times enquired but have not yet heard of an 
opertunity for N''' Haven, perhaps Some other Port in 
your Goverm' may do as well if so pray advise me, 



FRANCIS LEWIS — GEORGE CLINTON. 21/ 

for I am a little uneasay at its lying So long- at my 
Place in the Country, a Place not alltogeather so fitt 
for that Commodity as a Magazine, your farther direc- 
tions will oblige 

S' Y' Most Hum'^ Serv^ 

FRAN : LEWIS 

P S. Being Indisposed I am now in the Country 
for my health so that if you have writ by the last 
Post & should not be answered please to attribute 
it to the above cause 

[Superscribed] To the Hon'''" Jonathan Law Esq"" 
Governor & Command' in Cheif of his Majestys 
Collony of Conecticut at Milford, N Y 2 : 

[Indorsed] M'' Lewis's Letter of July 21 1744 

GEORGE CLINTON TO JONATHAN LAW. 

New York 23 July 1744 
Sir 

I have reed yours of 13 inst, and shall acquaint 
you, what is done by our Assembly (which is now 
Sitting) for the service of the Publick, having men- 
tioned to them, the powers that the Massachusets & 
Connecticut Governm'" had, to enter into measures 
with me, for our mutual Safety. 
I am Sir 

Your most Humble 

Servant 

G CLINTON 
The Hon''''' Jon'' Law Esq'' 

[Superscribed] On His Majestys Service N Y 2 : To 
The Hon'''*^" Jonathan Law Esq'' Governour & 
Commander in Chief of His Majestys Colony of 
Connecticut at Milford N England 

[Indorsed] Gov Clintons Letter of July 23, 1744 



21 8 LAW PAPERS. 

TIMOTHY GREEN TO JONATHx\N LAW. 

New-London "-July 25"' 1744. 

May it Please your Honour, 

Your Honors of the 18"' Instant came Safe to my 
hands, I immediately went about the proclamations and 
sent away on vSaturday to Windham and to Hartford, -' 
and design to Send away the rest this Afternoon : 
I have also Printed the Laws of the Last Session 
and thought best to vSend both tog-ether, for it will 
vSave Charges, or I had designed to have Sent the Laws 
Somthing vSooner. our Colony Sloop has been gone 
above a week and mr Wanton of Rhode Island tells me 
we out-do them — I perceive the Rhode Island Sloop 
is gone out with ours — If your Honour will please to 
open the Bundle for New Haven Count}^ there is a 
proclamation and the Laws for your Honour, I have 
wrote on the out vSide for every Town Parish and 
Person in the Counties that I know of : but if your 
honor finds any omission, I here Send a few Super- 
numeraries. With humble Duty to your Honour &c 

I am 

Your Honours humble Servant 

TIMOTHY GREEN. 

[Superscribed] to the Honourable Jonathan Law Esq : 
« At Milford 

[Indorsed] M' Greens Letter of July 25 1744 [ ] 



* The laws and other pubhc prhits were usually sent, by the printer to 
the sheriff of each county to be by him distributed within his county ; a 
certain number of copies, as in this instance, being designated for each town 
and parish, the courts and certain individuals also being favored with copies. 
What the proclamation here mentioned contained is not known; doubtless 
it had reference to the troubles with the French and Indians, and it may 
have been the agreement of June 20 with Massachusetts and New York 
for mutual defense. 



JOHN PRENTIS. — FRANCIS LEWIS. 219 

JOHN PRENTIS TO JONATHAN LAW. 

May it please y Ho}iiior 

I arived Last night with the Rhoad island Sloop 

in this Harbor from a Cruze bnt have mett with none 

but freinds, we shall Sale To morrow morning on 

another Cruze ; The Sloop proves much better then 

I Exspected, we Can out Saile the Rhoad Island 

sloap much ; and She proves as Stiff as their sloop 

we beat thear tip Top boats at Rhoad Island To thear 

great mortification M'' Silliman Hath not sent me 

aney provisons Sence the first parcell soe am Obliged 

To purchass some for this Cruse which I hope will 

not be Disagreable for I must have stopt my Cruse 

if I had not, I remain y'' Hon'' most Obedient Humb'^ 

Serv' 

JOHN PRENTIS 

New London July 28*'' 1744 

[vSuperscribed] On His Majestys Service To The Hon- 
norable Jonathan Law Esq' in Milford 

[Indorsed] Cap' Prentis's Letter July 28 1744 



FRANCIS LEWIS TO JONATHAN LAW. 

New York 6 Aug* 1744 

I am favour'd with yours of the 26 Ult' and am 
now to advise you that I have agreed to Ship Your 
Gun Powder on board Cap' Nich" Carmer's Sloop who 
will Sail in two or three days for New Lond" Shall 
agreeable to your order Consign it to Coll Gurdon 
Saltonstall, there, at foot you have the Am" of the 



220 LAW PAPERS. 

Gun Powder, I shall be always Glad of an opportunity 
of rendering you my service & am 

S' 

Your Most Hum'' Serv* 

FRAN: LEWIS 

The Hon''''- Jon^' Law Esq^ 

To Fran: Lewis D' 

1744 
July 2r' To 10/2 Barrells Ponder £26 £^lo 00 

To Cash p'' Cart- & boat Hire up y'^^ 

Sound & Stor^' 200 

To my Commiss"' a 5 f)C* 6120 



;^i38 12 o 



[Superscribed] N Y 2 : To The Hon'''"^ Jonathan Law 
Esq' Govern' of his Majestys CoUoney of Conecticut 
at Milford 

[Indorsed] M' Lewis's Letter Aug"' 6 1744 



JOHN PRENTIS TO JONATHAN LAW. 
May it Please y Houn 

On satterday Evening last att Seven a Clock in 
Chase of a saile which Carried Saile Verey hard, I 
had the Misfortune to Split my maine saile it prov- 
ing rotten, I brought toe and fired a gun but Sunday 
morning not Seeing my Consort, I made the best of 
my way to this port whear I am now a mending my 
Saile and Cleaning my Vesell, my sailes proves bad 
by bad LTsaige, I shall saile on fryday if the saile 
maker mends my Verey much shattred Saile. I have 



JOHN PRENTIS. 221 

had pleasant Cruses as yett and mett with nothing 
but freinds I have Spoken with Every saile I have 
seen Except this which I supose to be a Vesell from 
Newport to Philadelphia ; Block Island Bore N N W 
about Ten Leags Distance when I receved this Dam- 
mage, my men are all well and in high Sperritt 

I remain your Honn'" Most Obedient 
Humble Servant 

JOHN PRENTIS 

New London Agust 14*'' 1744 

[Superscribed] On His Majestys Service To The Hon- 
norable Jonathan Law Esq in Milford 

[Indorsed] Cap' Prentis's Letter Aug"' 1744 



BOARD OF TRADE TO THE GOVERNOR AND COMPANY. 

Whitehall, August 28"' 1744. 
Gqitleinen, 

His Majesty having been pleased by His Order in 
Council, dated the 19"' of July 1744, to order that the 
Governor of Jamaica should issue a Proclamation in 
His Majesty's Name, promising certain Encourage- 
ments to such Persons being Protestants, as shall be 
willing to settle in the Island of Rattan, and His 
Majesty, judging it proper, in order to the making a 
speedy Settlement on the said Island, that the said 
Encouragements should be published and made known 
in other of His Majesty's Colonies abroad, hath 
therefore directed us to transmit Copies of the said 
Order to the Governors & Commanders in Chief of 
His Colonies in America, and We do accordingly send 
you a Copy of the said Order inclosed, that you may 



222 LAW PAPERS. 

make the said Encouragements publickly known. So 
We bid you heartily farewell, and are 

Your very loving Friends & 
humble Servants, 

M. BLADEN 
R PLUMER 
Ja: BRUDENELL 
B KEENE* 
Governor & Company of Connecticut. 

[Indorsed] Board of Trade ab' Rattan 19 July 1744 



AFFIDAVITS ABOUT FRENCH SHIPS.f 

New York ss 

The Examinations of Richard Harris, Jacques 
Monreau, and Jacques Jannette Taken before his Maj- 
esties Council for the Province of New York the 31"' 
day of August 1744. 

Richard Harris blaster of the Privateer Sloop 
Elizabeth Thomas Barns Commander vSays. That on 
or about the 8"' Instant they took the vShip LeBon 
now brought into this Port in Lattitude 46 about 25 
Leagues to the Eastward of Cape Breton two days 
before which in much about the same Lattitude they 
saw three large vShips under French Coulours which 
they took to be French Men of Warr and Judged them 
to be one of 70 Guns one of 60 Guns and y- other of 



* Hon. James Brudenell, younger brother of George, third Earl of 
Cardigan, was appointed a member of the Board in May or June, 1730. 
Martin Bladen and Richard Plumer were appointed in 1735. Sir Benja- 
min Keene, a diplomatist who held many official positions, was a member 
from Feb., 1742, to Dec, 1744. Dictionary of jVational Biography : Col- 
lins" s Peerage of England: Talcott Papers [Collections, Il\ V). 

•'• Inclosed with Gov. William Greene's letter of Sept. 21, 1744. 



AFFIDAVITS ABOUT FRENCH SHIPS. 223 

40 Guns That before that They saw at three Several 
Times a French 50 Gun Ship Cruizing of and on Cape 
Breton, and a Reason he has to believe that Ship was 
a French 50 Gun Ship is that they took a small 
fishing Sloop the people of which informed them 
thereof And that vShe came out of Louisburgh and 
also informed them that there were then four Ships 
of 20 Guns each at Louisburgh. 

Jacques Monreau Master of the vShip LeBon bound 
from Rochell to Louisburgh but taken the 8"' Instant 
by the Privateer Sloop Elizabeth, vSaith, That he with 
Several other Merchant Men parted from Rochell the 
18 of June N. S. under convoy of three Men of Warr 
Viz' L'x\rdent of 70 Guns and 600 Men bound for 
Louisburgh, La Gironde of 44 Guns between five or 
Six hundred Men bound to (Quebec being to leave some 
of those Men at Ouebeck for a 70 Gun vShip built or 
building there and another Ship whose Name he has 
forgot of 26 Guns bound to the French Islands. Be- 
sides which there were the Brilliant a fine Company 
Ship of 56 Guns and about 500 Men and another 
Company Ship, La Fleur of 26 (xuns and 400 Men 
that the Companys port or place of Loading is 
L'Orient Between Brest and Rochell from whence 
they came to Rochell for Convoy, That there were 21 
Merchant Men came out under that convoy some of 
which carried from 18 to 24 (xuns and three of them 
only of 2 Guns. That those of 20 or 24 Guns carried 
70 or 80 Men That nine of the Merchant Ships were 
bound for the Isles and twelve for Cape Breton and 
Quebec That the Gironde and Merchant Men bound 
to Quebec carried Men and Ammunition &c' for the 
vShip Building there. That the Men of Warr convoyed 
them about two hundred Leagues from the Coasts of 
France and then made the best of their Way. 



2 24 LAAV PAPERS. 

Jaques Janette Mariner on board the Ship LeBon 
saith that he left Rochell the 18"' June under Con- 
voy of 3 Men of Warr and 2 Company Ships fitted 
out by the King, three of which were bound for these 
parts and two for the French Islands. The Ships 
were L' Ardent of 70 Guns & 600 Men having Flour 
Salt Gun powder & Balls on Board & bound for Cape 
Breton — The Brilliant of fifty Six Guns & 550 Men 
bound to the same place & was a Company Ship but 
taken up by the King armed only for Warr & was 
to be Convoy to the East India vShips which were to 
come to Louisburgh for that purpose which they Ex- 
pected to find there — La Gironde of 46 Guns 170 
Men bound for the French Islands & parted about 300 
Leagues from France with 9 ]Merchant Men bound for 
those parts with Merchandise provisions &c. — La Fleur 
26 Guns 370 Men a Company Ship in the King's Ser- 
vice & was to be Companion to the Brilliant to Convoy 
Home the East India Men. 

L'Elephant of 26 Guns & 470 Men bound to the 
French Islands, There were also 12 other Merchant 
Ships bound to Louisburgh & Quebec. Those to Louis- 
burgh were loaden with Flour Bread vStuffs Brandy 
Salt, Wine Oyl powder Ball &c And those to Quebec 
had some Warlike Stores for the King And the 
same Goods Except Bread & Flour of which there is 
Enough at Quebec — Says he has been twice at Que- 
bec, that the Common Time of Arriving there is the 
beginning of August, the Time of departing by the 
King's Ordinance must be b}^ the 18"' of November. 
That 18 of the Merchant Men that Came out with 
him had from 20 to 26 Guns & 80 Men those bound 
to Quebec were the Strongest because they Carry a 
valuable Cargo and 3 or 4 had very few Cannon his 
Ship having only 2 & no powder. That a 70 Gun 



WILLIAM SHIRLEY. — WILLIAiVI GREENE. 22$ 

Ship has been for some Time built at Quebec The 
Captain for which went passenger in the L'Ardent 
& was to Go to Quebec to fetch her & meet y*" L'Ar- 
dent at Louisburgh. The Men for which new Ship 
went passengers in the Merchant Men Who also Carried 
the Guns & other things for her. 

WILLIAM SHIRLEY TO JONATHAN LAW 

Boston Septem' 19. 1744. 
Sir, 

There are just arrived in this Place three Flags- 
of Truce from Louisbourg with a great Number of 
English Prisoners, Officers & others ; By whom I have 
certain Intelligence that two Privateers (a Brigantine 
& a small Ship) were already come out from thence 
to cruize upon these Coasts, and that another Brig- 
antine Privateer was ready to, sail from thence upon 
the same design : I have thereupon ordered the two 
Guard Vessels belonging to this Province now in Port 
to sail forthwith in quest of these Vessels. This Ad- 
vice I send to your Honour, presuming that you will 
order out your Guard Vessel for the Protection of the 
Navigation belonging to his Majesty's Subjects. 

I am 

Your Honours most obedient 

humble Servant 

W SHIRLEY 
The hon^''" Jonathan Law Esq'' 

WTLLIAM GREENE TO JONATHAN LAW 

S'- 

Last Night I received a Pacquet from his Ex- 
ceP-' William Shirley Esq Governour of the Massachu- 
sets Bav &c, Wherein am informed, That three Flag-s 
of Truce arrived from Louisbourg with a great Num- 

15 



226 LAW PAPERS. 

ber of English Prisoners, of Officers & Others, WhO' 
have given certain Intelligence that Two Privateers 
(a Brigantine & a small Ship) were already sailed 
from thence to come upon these Coasts: And that 
another Brigantine Privateer was ready to sail from 
thence upon the same Design: And that his Excel'^ 
had ordered their two Guard Vessels belonging to the 
Province out imediately in Ouest of them ; And I am 
further to acquaint your Honour, That our General 
Assembly is now sitting, and have this Morning pass'd 
a Vote to Continue the Cruise of our Colony vSloop 
'till the last Day of next Month and I am now go- 
ing to dispatch a Boat after said Sloop (which sailed 
from Hence but Yesterday) to inform Cap' Fones of 
the Resolution of the General iVssembly, and to give 
Him further Directions how to act on this special 
Occasion, and I am also desired in said Vote to request,. 
That your Honour will give Cap^ Prentice the necessary 
Orders in this Affair, and order Him to cruise with our 
vSloop during the Time before mentioned. 

I have inclosed to your Honour a Copy of the 
Evidences of John Richards, John Nealson cS: Peter 
Desoncourt that gave their Affidavits to the Facts in 
the above Relation for Fear there should not be One 
inclosed in your Pacquet. and his Excel" Governour 
Shirley desired Me to acquaint Your Honour, That 
He requested Your sending the Packets for his Ex- 
cel'- Governour Clinton & Cap' Peter Warren imedi- 
ately by Express as soon they come to your Hands. 
I am with due Respects 

Your Honour's 
most obedient humble Serv' 

W GREENE 

Newport Rhode Island 21'' September 1744. 

[Indorsed] Gov'' Greens Letter and Copies Sep' 23 1744 



JONATHAN LAW. 22/ 

JONATHAN LAW TO WILLIAM GREENE. 

MiLFORD vSept^'' 23 1744 

I just now rec"^ yours of y' 2r' Instant shall 
forthwith forward y*" Acc*^ to N York with all possi- 
ble Expedition, shall take Care as you desire with 
respect to our Sloop, w''' I understand by y'' Bearer 
is out on a Cruise (as I hope with yours) and will 
be acquainted by y' Intelligence you have sent out 
after yours 

I remain 

Your Hon's 

humble Servant 

JONTH LAW 
To (tov' Green 



JONATHAN LAW TO GEORGE CLINTON. 

Milford Sep' 23 1744 

I have just now rec' this Paquett from Boston by 
the way of Rhodeisland and hasten it with all Ex- 
pedition to your Excellency 

I have made the best Enquiries I could and have 
ordered the Justices in that Quarter of y'' Goverm* 
to enquire after the men you describ'd to me, as con- 
cernd in that wickedness about Bills of Creditt and 
to give me an Ace' but as yet learn nothing 

I Subscribe 

Your Excellencies 

most faithfull and 

obedient Servant 
JONTH LAW 
To George Clinton Esq' 



228 LAW PAPERS. 

GEORGE CLINTON TO JONATHAN LAW 

New York 25"' Sep' 1744 
Sir 

This acknowledges the Receipt of your favour last 
night, with a packet from Governour Shirley, the Ex- 
press coming late to me at night, I detained him 'til 
morning. M' Shirleys letter was to y° same purport 
of y'' affidavit you sent me. 

Our Assembly is broke Tip, and notwithstanding 
the expectations I had of their making provision for 
the appointment of Com" to treat with the neighbour- 
ing Governments touching the Conduct of the War, 
they have neglected to do any thing therein, which I 
am sorry for. 

I am Sir 

Your most Obedient 

Humble Servant 
G CLINTON 
Hon'''' Jonathan Law Esq' 

[Indorsed] Gov'' Clintons Letter 7'"' 25 1744 



JONATHAN LAW TO JEREAHAH MILLER 

MiLFORD Sep' 26 1744 

5' 

I am informd by Gov"^ Shirley that by Prisoners 
broght from Louisbough he has an ace' that two 
Privateers a brig and a Slopp were said (?) to Cruise 
on the Cours of New England & new yourk and a 
<^hird another Briag was to follow them and that he 



JONATHAN LAW. 229 

had sent two gard Vessells in quest of them who 
has also sent to Gov"" Clinton and C* Warren Gov'" 
Green has sent a boat after y'' Sloop (w'='' happen*^ to 
Sail y'' Day before this act came) to advise and Di- 
rect and the Missenger informd me that w" y'' Slop 
Came in there C* Prentice putt in Something Est- 
ward for wood and was to met theirs neer Block 
Island Gov"" Green informs me that y'' Assembly be- 
ing setting ordered the Cruse to Continue till y'' Last 
of Oc* and desires ours may also be continued and 
to that end I inclose a Line to Cap* Prentice w'^'' 
you will give him when there shall be Opportunity 
for it 

My regards to his Hon'' & the rest of the Gen- 
tlemen & to Maddam and accept the same 

from your humble vServant 

JONTH law' 
To M' Jer Miller 

[Indorsed] Coppy of a Letter to Esq"' Miller & Order 
to Cap* Prentice 7'"' 26 1744 



JONATHAN LAW TO JOHN PRENTIS 

To Cap'' Jn° Prentice Cap'' of y' Colony Sloop Defence 

Whearas I have here to fore ordreed 5^ou to 
Cruiss from Martha's Vineyard to y'' westard of Long 
Island in consort with the Rhode Island y'= first of 
October I do now direct and order you to Continue 
it till the end of the same month unless 3^011 shall 
receive other orders 

Milford September 26 1744 

JONATHAN LAW 

Gov'' & Commander in Chief 



230 LAW PAPERS. 

JOHN WINTHROP'S PETITION TO THE GENERAL ASSEMBLY.* 

To the Honb" Gen'^ Assembly of his Majesties 
English Colony of Connecticut in New England in 
America to be held in New haven in and for S'' 
Colony on the 2'^ Thursday of October Instant the 
Petition of John Winthrop Esq' of New London in 
the County of New London in vS'^ Colony, Now Re- 
siding In London in Great Britain Humbly Shewethe 
That John Richards Esqf" of S'^ New London and 
Margarett Douglass and Will'" Douglass of S'^ New 
London Executors to the last Will and Testament of 
Richard Douglass Late of S'' New London Deceas'" 
brought their Petition to the Genr' Assembly held in 
Newhaven In October 1740 Setting forth that Maj'' 
Gen^'" Wait Winthrop Esq' Executor of the Last Will 
and Testament of Fitz John Winthrop Esq'" became 
bound unto Robert Lattimer, James Rogers and Joshua 
Hempstead all of S'^ New London a Committee for 
s'^ Town for that purpose in a bond of Six hundred 
pounds Lawfull money of New England Conditioned 
for the payment of Seven hundred & Fifty Ounces 
Troy of Silver Money together w"' fourty five Ounces 
Troy of the Like Silver money for the Interest at 
or before the 13 day of July Next Ensuing the Date 
of Said Bond, which Date was on the thirteenth Day 
of July 1709 and that the S'' Wait Winthrop Esq paid 
and discharged the Interest Annually due on S'' Bond 
untill his death Which Was in the year Anno Dom' 
171 7 When he died Intestate the Administration of 
Whose Estate was Committed to his Son John Win- 
throp of S*' New London Esq' — 



* Other documents relating to this controversy are to be found in the 
Connecticut Archives, Aliscellaneous I; but as those within the period covered 
by the Law Papers Ao no more than duplicate what is found in this petition 
they are not included in this printed volume. 



JOHN WINTHROP. 23 1 

That afterwards vizt at a Superior Court held in 
New London on the 22'' March 1725/6 the S'" John 
Winthrops Letters of Administration were Set aside 
and Vacated and Letters of Administration of the S*^ 
Estate of the Said Wait Winthrop Esq'' was then 
Granted to Thomas Leechmer of Boston Esq"" in the 
Stead and place of the S'' John Winthrop Esq'' — 

That At a Generall Assembly held at Hartford 
the 12'^ of May 1726 Upon a representation to S*^ 
assembly Made by the S'' Leechmer Administration 
As afores'\ that the Debts due from S'' Estate were 
not Discharged and that there was not moveable Es- 
tate to Answer the Same, therefore praying for lib- 
erty To Sell So much of the Lands of S'' Dec" Wait 
Winthrop Esq' as woiild be Sufficient to discharge 
Said Debts, the S" General Assembly Granted the vS'' 
Leechmer power and Authority to Sell vSo much 
thereof as to Answer the Debts afores", which Grant 
of the S'' Assembly was agreeable to the Law of this 
Colony and the Practice and Usage thereof for many 
years before that time — 

That Pursuant to the vS'' Grant of the vS'' Assem- 
bly the S'" Thomas Leechmere Esq'' Sold to one of 
your Petitioners vizt Jn" Richards [ ] To Richard 
Douglass by his Deed Dated Oct" 27"' 1726 a certain 
piece of Land in the S'' Town of New London be- 
ing by Estemation 307 Acres in Order to discharge 
the S" Debts, due to the Town of New London And 
Answer the charges Arisen in his Administration 
afores'' and in Order to pay for the Said Land the 
S" John Richards And Richard Douglass agreed with 
the S" Town of New London and bought of them 
the S" Bond Given by the S'' Wait Winthrop Esq-^ 
And for the Same gave their bond to the S" Town 
of New London for the vSum of vSix hundred pounds 



232 LAW PAPERS. 

Currant Money of this Colony of Connecticut which 
then Was the Value of the S'' Seven Hundred and 
fifty ounces of Silver which at that time passed in 
•the Country at Sixteen vShillings f> ounce (the Inter- 
est on vS'^ bond after the Deceas of the S'' Wait Win- 
throp Esq'' being paid by the vS'' John W^inthrop Esq'' 
and by S'' Tho' Leechmer Esq'' Admin" as afores'' to 
that time) And the vSame Bond thus purchased the 
vS'^ John Richards and Rich'' Douglass, Gave to the 
S'' Leechmere togather with ninety pounds then Cur- 
rant Money of vS'' Colony, in payment for the S'^ 
Lands, which bond the vS'' Leechmere defaced by Ob- 
literating and blotting out the hand Writing of the 
S'' Wait Winthrop Esq'' and breaking of the vSeal by 
which the Same was Signed and Sealed as afores'' 

That at a Court held at S' James's on the 15^'' 
day of February 1727 his present Majestic upon the 
Petition and Complaint of the wS'" John Winthrop Esq' 
was pleased to Revoake the Judgment of the Said 
Superior Court vSetting Aside the vS'' John Winthrops 
Letters of Administration, And to Revoake and Set 
Aside the Letters of Administration Granted to S'' 
Tho*" Leechmere Esq' And t^e Act of Assembly Grant- 
ing him power to vSell the Lands Afores'', and all the 
Doings 'Consequent and Depending thereon, and De- 
clared and Decreed that the S'' John Winthrops Let- 
ters of Administration Should be and Continue in 
force and that he Should be Administrator as at first, 
and further Ordred & Commanded that the said John 
Winthrop Esq'', should be put into the Seizen and 
Possesion of all such lands as had been vSold by the 
Said Leechmere as afores'' 

That in Pursuance of. And Obedience to the S*' 
Order & decree the Gen' • Assembly of this Colony of 
Connecticut at their Sessions in Oct" 1729 Granted 



JOHN WINTHROF. 233 

that a writt Should be Isued forth for that purpose, 
& accordingly Seizen and Possesion by Virtue of a 
Writt of Habere facias Possessionem, was Given to the 
Said John Winthrop Esq"" of the Said 307 Acres of 
land Sold As Afores'' • 

That afterwards your Petitioners the S'' John Rich- 
ards and the S*^ Richard Douglass Obtained of the 
S'' Thomas Leechmere Esq'' a Redelivery to them of 
the Said bond thus Defaced broken and Obliterated in 
the Manner and for the Cause Afores'' 

That Some time since the Said Richard Douglass 
Died Leaving the Said Margrett And the Said Wil- 
liam Douglass his Executors of his Last Will who 
together with the S'' John Richards Your Other Peti- 
tion' have Endeavoured to Obtaine the Money on said 
Bond, given by the said Wait Winthrop Esq' w'*' 
Money in Equity and Good Conscience is due to, 
and belongs to your Petitioners, the Said Town of 
New London Having been Answered for the Same 
as Afores'' And have Since declared that they are paid 
to their vSattisfaction And that the whole which is 
due on S'' bond Ought to be by your Petitioners ReC' 
therefor 

But now so it is may it Please your Hon'' that 
the Said John Winthrop Esq' Altho in his Afores'' 
Petition and Complaint to his Majestic in Council 
Acknowledged & Confessed the Said Bond Given the 
Town of New London and Declared that he had duely 
discharged all the Interest thereon, Yet being minded 
your Petitioners in that behalfe to wrong, and defraud 
Refuseth And utterly denyeth to pay and discharge 
the Said bond, or the money Justly due thereon, 
taking the Advantage of those transactions afores'', 
Against which he Complained and from which he hath 
been Releived &'' 



234 LAW PAPERS. 

Which Petition was Continued to the Sessions ot 
S'^ Assembly in May 1741, when it was carryed on 
to a hearing, and After s*^ hearing the Same was 
Continued to the vSessions of s'' Assembly in October 
1 74 1, when the S'' Assembly without any further 
hear" upon the merritts of the Cause, thereupon De- 
creed that the S'^ Petitioners Should recover against 
the S** John Winthrop Esq"" the Sum of ^^562 10 
Lawfull money of New England for the Principal 
Debt with the Lawfull Interest thereof mentioned in 
S*^ Petition and Condemned the S'' John Winthrop in 
Cost the Sum of ^^13 134 upon which decree vSundry 
Executions have been taken out And put into the 
hands of George Richards Esq'' of New London Sheriff 
of New London County Brother to the vS'' John Rich- 
ards who took upon him to Construe S*^ Decree and 
thereby demand the Numerical Contents thereof in 
Lawfull money of this Colony as it was Stated and 
fixed the May Sessions Next after S'' Decree was 
Given which Decree, your Honours Petitioner verily 
believes would not have Passed had all the matters 
relating to that Affair been thoroughly represented 
which were not by reason the principall Attorny who 
had been knowing to the Case from the beginning 
was L'f^nexpectedly Absent, Wherefore your Petitioner 
beggs leave further to represent the Case as it truely 
is and Observe thereon as follows (vizt) that at the 
same time wherein the S'' John Winthrop Esq'' Letters 
of Administration were called in And Administration 
granted to M'" Leechmer, the S'' John Winthrop Esq"" 
Manifested his Dislike then, and Publikely desired an 
Appeal to the King in Councill, And did in like 
manner when the S'' General Assembly Granted Lib- 
erty to S*' Leechm'' to Sell Lands to pay of S'' Bond ; 
and was Actualy gone home to England to prosecute 



JOHN WINTHROP. 235 

a Complaint to his Majestie against the proceedings of 
the S'' Superiour Court and General Assembly for the 
taking away his S'' Power of Adminstration, and Giv- 
ing power to M"" Leechmere as Afores'' ; when S'' Rich- 
ards and Douglass made their agreement and Bargain 
about s'' land and bond, & this the S*^ Richards And 
Douglass knew at the time of their s'^ Contract, as also 
did M' Leechmere, And Accordingly S'' land was putt 
off at Less than half the Value thereof, the Same lying 
w^'in a mile and three quarters of the Town Piatt of 
New London, butting on the Salt Water, and was then 
Worth £4 10 /fiacre and was sold for abo* 40 /p' Acre 
and that because it was then doubtfull how the Affair 
would be determined in England upon M' Winthrops 
Complaint; and had M"' Winthrop faild in his Suit 
before the King in Councill the S'' Richards and Doug- 
lass would have gained much in their Contract w"' M' 
Leechmere And the Town of New London more than 
men commonly do in their Honest bargains that de- 
pend on no uncommon future Contingencies^ There- 
fore Since M' Winthrop Obtained in his S'^ Suit, and 
got the Authority of S'' Leechmere revoaked, and the 
Land restored to him it is right in Equity that the 
S"' Richards and Douglass or their Representatives 

Should bear the loss And your Hon" Petitioner 

beggs leave further to Observe, that According to the 
Petition above refer'd too, y*" Defaced bond by the 
S'' Jn" Richards and Richard Douglass purchased, and 
Given up to M'' Leechmere, and According to which 
the then Petitioners prayed for a Decree, is Six hun- 
dred pounds Lawfull money. Conditioned for Seven 
hundred and fifty ounces of Silver Money in Leiu of 
Which in S^' Petition it is Said that the S'' Richards 
and Douglass Gave their Bond to the town of New 
London for Six hundred pounds paper Currency only 



236 LAW PAPERS. 

which bond to The Town your Petitioner Says has 
never been paid, neither in whole nor in part and 
has Suffered the Same fate by Sinking in Value as all 
other bonds in this Colony have. And the S'' Richards 
and y" Executors of the S'' Richard Douglass are 
Obliged thereby to pay no more besides the Interest at 
£6 ^ Cent |^ Annum than Six hundred pounds Old 
Currency As by the Records of a Judgment, given at 
the County Court at New London in June last, on an 
Action bro' by Joshua Hemstead &' against s'' Doug- 
lass's Execut" ( s'" Richards, & Douglass's bonds being 
given in seperatly, to s'' Hemstead &" for Three Hun- 
dred Pounds each) it appears in full & solemn debate 
in Chancery thereof, Three hundred & thirteen Pounds, 
five Shillings, old Currency only, being given for 

Debt & Interest 

So that they would Oblige M' Winthrop to pay 
more to them than they are Obliged to pay to the 
S'' Town Avhich Instead of Equity would be Ir^iquity, 
and Would Contradict that Inviolable Maxim that he 
that would have Equity must first do Equity, and 
Further your Petitioner would observe that the S'' 
Superiour Court and Gener" Assembly in Reversing 
M' Winthrops Power of Administration and Granting 
the Same to M' Leechmer, as also the Power to Sell 
Land, did what was Supposed then to be Law, 
Amongst us, and wheither it would be taken for Law 
at home or no, was what in that Particular Instance, 
y'' Said Richards & Douglass ought to have taken 
notice of at their Peril, and this Colony in their 
Assembly are no ways Obliged to Engage any farther 
in the Affair, then to do Equity between the parties 
as they are concerned, and that by the rules that 
Obtaine in Courts of Equity, and if so your Petitioner 
is Perswaded that the S'^ Richards and the Executors 



JOHN WINTHROP. 237 

of vS'' Richard Douglass Deceas'd will have no Decree 
that will finaly turn out In their favour, for the 
bond is Cancelled, and in it Self can be no Evidence 
of a Duty but on the Contrary is an Evidence of a 
Discharge of a Duty, both in law and Equity, & that 
of So high a Nature that no Evidence can obtaine 
against it and to make that an Evidence of a Duty 
Subsisting between two parties, and Decree thereupon, 
when it is a Compleat Evidence to the Contrary can 
never be consistent w*'' a Court of Equity — And that 
the Acts of Assembly, & the knowledge of Assembly 
and all that the Assembly has done to Impower M"" 
Leechmere would make no privity between M'' Win- 
throp and the S'' Richards and Douglass, nor could 
the S'' Leechmers Transactions upon his Supposed 
power. Create any, by the Revokation of S'' power, and 
therefore where there is no privity in Law nor fact, 
no Authority can Create a duty by a Decree. And if 
a man will pay of anothers Bond Given to a third Per- 
son upon the prospect of Oreat Gaine to be made out 
of the Obligors Estate, upon a Certain Undertaking 
of a fourth person, if the fourth person fails, in the 
Undertaking, and the Gaine be Missed of, the Obligor 
is not Obliged by. Law nor Equity to pay him; that 
pays his Bond ; for it was paid upon a Consideration 
of the prospect of gaine, out off the Obligors Estate. 
And as to the Ninety pounds paid M'' Leechmere for 
his trouble ' in Administringe Cannot in Equity be a 
charge Upon M'' Winthrops Estate, it being no profitt 
thereunto ; nor Was he by M' Winthrop Imployed 
therein, but on the Contrary was prohibited from 
acting therein, as far as M' Winthrops power Avail'd, 
And all was done when M' Winthrop was prosecuting 
his Complaint, Wherefore Your Hon'' Petitioner begg 
leave Once more to Observe that the S'' Canselled bond 



238 LAW PAPERS. 

was given att the request of the Town of New London, 
who always Accepted of Eighteen pounds f^ C ^ an- 
num paper Currency for the Interest, and your peti- 
tioner verily believes would have done it to this time 
had the bond remained and would have taken up with 
three hundred pounds paper Currency for the princi- 
pall at the time the S"* Richards and Douglass made 
their S'' Contract, The Town being Conscious there 
was no reason why that Money Should not fare as all 
other our Currency did, and the Said Richards and 
Douglass, being regardless, how much they Gave their 
bond for. Since the larger they were, the more land 
they were to receive at half price — Wherefore they 
Voluntarily gave their bonds for Six Hundred pounds, 
which your Hon'' Petitioner is Humbly of Opinion 
ought to be no rule in Chancery, Notwithstand- your 
Hon'" Petitioner is Willing to pay the Numerical Sum 
of the S'' Judgment in Bills of Credit of this Colony, 
which was Established by Law to answer all Obliga- 
tions, in which no Specialty was mentioned as was the 
Case of that bond, rather than be put to further 
Trouble in Such a perplexing affair, Altho he verily 
believes S'' Richards and Douglass Ought not to have 
one penny, Saving the regard he pays to the Decree 
of this Honourable Assembly, which he believes to 
be Obtained by surprise Wherefore your Hon" Peti- 
tioner prays this Honb''' Assembly to reverse and Set 
aside S'' decree of Said Assembly, made in October 
1 741 — and release M' Winthrop from any obligations 
thereby, or decree & order that Five hundred Sixty 
Two Pounds ten Shillings Debt, and ^."13 134 Cost 
(as in s'' Decree) of Bills of Credit, of this Colony 
(of y*" old Tenor) be Accepted off in full of s'' decree 



JONATHAN LAW. 239 

and Your Honours Petitioner as in Duty bound shall 
ever Pray &'' 

ANN WINTHROP Attorny to John Winthrop Esq^* 



JONATHAN LAW TO ELIAKIM PALMER 

MiLFORD Nov'"" 1744 

I rec*^ yours of y' 30"' of March last and observe 
the Contents, and hope ere this time you may have 
rec'" y"" Ballance of our Acc^^ in y"' hands of M"" 
Wilks's Ex'' 

By w' you write concerning- Clarks Affairs I am 
ready to conjecture That his Petition is granted, of 
which I never have had any Information, but if it be 
so, doubt not of your Care to make the strongest 
Stand against it. w" y*" Parties are cited I presume I 
shall hear of it 

I now give order to send your Salleries for y*" 
two years last past which amount to 500" old Cur- 
rency to the Gentlemen you direct me 

I have not as yet rec' any thing from D' Avery 

Methodists is a name w''' (I think) is now dis- 
claimd among us being found to be used in vScript- 
ure only in an ill Sense and the Term New light 
supplies its place 

The ministers of that way of thinking being over 



* The Assembly affirmed this petition and resolved "that the said 
decree of the General Assembly in October, 1741, may be answered and 
satisfyed by the payment of the sum of five hundred sixty-two pounds ten 
shillings in bills of credit on this Colony, and the sum of thirteen pounds 
thirteen shillings and four pence in like bills for cost." By the act of 
May, 1742, the value of silver was established at six shillings and eight 
pence per ounce troy weight ; a substantial reduction from the value of 
sixteen shillings per ounce current at the time of signing the bond whose 
payment was under consideration. Colonial Records, VIII, IX. 



240 LAW PAPERS. 

runn w"' the Exhorters they had sett up, use their 
uttmost Endeavours to putt them down again and are 
therefore better reconcild to that part of our law. 
The Moravians that come among- us are found to be 
Nonjurors and have refusd the Oathes. M"" Whit- 
field is returnd again into y'' Countrey whether he 
will revive the Commotions which he before raisd 
among us time will show. I hear the Ministers att 
Boston have agreed not to admitt him into y' Pul- 
pitts on y'^ Sabbath. I would hope he will not pur- 
sue the end he proposd when here before (i e) to 
oust the most of y'' Ministers in the Countrey and 
fill their Pulpitts with Scotch and Irish, of w"'' I 
am credibly informd he told M"" Edwards of North 
Hampton 

I herewith send you a Copy of y'' Com" pro- 
ceedings in Masons Case and M' Smiths Pleas before 
them 

It would seem strange if after an Enquiry on the 
Spott by two vSetts of Com'" of (I suppose) his own 
Nomination and after a fair and full hearing and a 
Determination in our favour, that on his Appeal, 
Dudlys Judgement in w*^'' we made no Defence should 
be affirmd. I think no man in his Witts can believe 
that Mason would so undoe himself and his Posterity 
in favour of a few Indians, but that he hoped to find 
his own Acc*^ in it at the last, what friends he hopes 
to find at home I know not. but if y'' should be a 
Majority like M"" Horsemenden one of y*" Com" we 
should have Reason to fear y" Consequence, but firmly 
believe that cant be. The Case, the law and the Evi- 
dence are so sett forth that all will be plain to your 
vSoUicitors when they take y'' pains to look into them 
and I need not to add any thing only that you dont 
starve y'' Cause and we will be responsible for what 



JONATHAN LAW. 24I 

you draw upon us. An Appeal (I suppose) brings the 
Case as it originally lay, w'='' if it does it seems to 
me there will be a fair Opportunity to take the Ex- 
ception against my Lord Northeys Opinion, on w^'' the 
process was founded Viz That because there were no 
words in the Recital of the powers granted in our 
Charter exclusive of her Maj"''^ erecting a Court here 
her Maj'^' might lawfully do it, when y" very next 
words in the Charter are exclusive and never putt in 
to the Recital, of w''' M' Sharpe gave me his Opin- 
ion that y*" plea I observd upon it was good, altho 
in this Case the Justice and Honesty of our Cause 
will appear very plain yet a Precedent of this nature 
may be very hurtfull to our Priviledges It seems 
to me That if y' Clause in our Charter next follow- 
ing what was recited, had not been exclusive it would 
have been putt into it, and if it had, my Lords Opin- 
ion would have been the Reverse of what was given. 
Whether Room be left for an Argument of this Na- 
ture your Council will consider, but for my own part 
I should be very sorry if we have lost the Advan- 
tage of it and exposd our selves to an Enquiry into 
all that we do by Com" that may be appointed, on 
the Insinuations of every disaffected Party 

Among the Exhibits I have not sent you our 
Charter because you have it in our law book, neither 
have I one of M' Masons Histories of the Pequott 
Warrs but shall direct that one may be procured 

It is reported That on M'' Masons Information 

by M'' H n - that he has learnd from Home 

That Mason may be sure of his Case on his prose- 
cuting his Appeal he is gone off in hast 

To M'' Eliakim Palmer 



♦ Horsmanden. 
16 



242 LAW PAPERS. 

JONATHAN LAW TO SAMUEL WELLES 

MiLFORD Nov*" 13 1744 

Reposing special Confidence in your Care Pru- 
dence and Goodness I herewith transmit! to you a 
Copy of the Com" Proceedings in Masons Case and 
Letters to our Agent in great Britain M' Eliakim 
Palmer, desiring you to take the first and safest Op- 
portunity for it and to send the Duplicates of the 
Letters as early as you can 
so I remain 

Your faithfull ffriend 

and obliged humble Servant 

JONTH LAW 
To M-- Sam'- Wells 
[Indorsed] Copy of Letter to Agent Nov"" 13 1744 



ROGER WOLCOTT TO JONATHAN LAW 

Hartford Nov' 16 1744 
A fay it picas your Hoii" 

It is upon a line I Rec'' this Day from M'' Stanly 
that he had rec*^ a pacquett from your Hon' That I 
am Now att Hartford According to his desire to As- 
sist in the business you orderd to be Done We have 
according to your Desire Made the proclamation and 
shall pursue the other afairs as orderd b}' you. your 
Hon'" omitting to Give us the Christian Names of 
the Agents Attorneys has put us to a Great puzle 
lest the salerie should be Deliverd to the wrong per- 
son and so the Coleny made Lyable to run the 
Risque of the money but we designe to do the best 
we Can : 

M' Hosmanden is a Gentleman of a Great deall 
of Asurance but I hope in this matter he has Reckend 



ROGER WOLCOTT. — PHILIP LIVINGSTON. 243 

without his Landlady Docf Colman and Doct' Golden 
have wrote to me they have writt him in this afair 
and as the Case is put on our parts I am not frighted 
out of my hope, by M' Hosmandens Confident way 
of Declareing he must Look upon it as a Case still 
depending and therefore must wait for the finall Result 
We had the advantage of the Advice of the Jus. 
tices of the County Court and think We may omitt 
making another book till we hear from the Agent 
that this has Miscarryed I am your Hon" 
Very Humble Servant 

ROGER WOLCOTT 
To the Hon-'"'*'' JoN'^" Law Esq' 
[Superscribed] To The Honourable Jonathan Law Esq 

In Milford 
[Indorsed] Dep Gov's Letter Nov^" 1744 



philip livingston to roger wolcott 

Manor Livingston i8 Nov. 1744 
Sir 

Your most acceptable favours of the 10''' octob' I 
ReC' I Return you thanks for the trouble you have 
been pleased to take with your Sec'^ to Send me M' 
Henimans Survey of the line between the two Col- 
onies. I hope he may find the originall to Send me 
a Copy, I vShall trouble him with a line on that Sub- 
ject. 

I am Ready & willing to Sign any power or In- 
trum^ which I desire may be Sent me to Enable your 
Rector to obtain & Receive from y'' Massachusetts 
Collony what is due from them for my attendance 
at their Request in 1737. Coll" Wendell ColP Benj (?) 



244 LAW PAPERS. 

& M' Hudsinson promist me their good offices in this 
affair but I heard nothing from them on that Sub- 
ject Since they left Albany. I would, if possible it 
can be obtaind, have this money Logd where I in- 
tended it. Gov'' Sherley I suspect will not be more 
active then y" above Gentlemen tho' they may be 
prevaild on to mention it in the Gen" Assembly in 
order to have it paid to the Rector of your Colledge 
to whom please to make my Respects acceptable. 

The Canada Indians have not Sent their Chiefs 
to Conclude a peace as was proposed, tho' they have 
as I hear Rejected the Gov'' of Canadas motion to go 
to war ag'' us. however we ought not to Rely on 
that, but it behoves us to guard our fronteers by 
outskouts or Rangers to Cover & Secure our out Setle- 
ments which is much less Expence & Safer than build- 
ing Forts and keeping Garrisons in them as I hear 
you had in y'' western Towns, which can be of no 
use So far Southw''. I hope we may live in peace 
yet we ought to be on y' Defensive but I fear that 
will be neglected as well as to act offensive. I am 
with Respect Sir 

Your most humble Serv' 

PH. LIVINGSTON 

To the hon^" Roger Wolcot Esq" 
[Superscribed] For The Hono'^' Roger Wolcot Esq'' 

D Gov'' of Connecticut 
[Indorsed] Phil Levingson Nov' 18 1744 

WILLIAM SHIRLEY TO JONATHAN LAW 
Sir, 

Divers Soldiers ^belonging to General Pliilips's 
Regiment, who were taken from Canso, & returned 
hither from Louisbourg in the French Flag of Truce, 



WILLIAM SHIRLEY. — GEORGE CLINTON. 245 

have deserted from Castle William, where they were 
quartered 'till his Majesty's Pleasure should be known 
about them : And the Officers of the said Soldiers 
have advertised their Desertion in the Print herewith 
inclosed, & offered a Reward to such Persons as shall 
apprehend and secure them ; And it being- probable 
that they may be got into your Governm' & entred 
on board some Privateer or other Vessel outward 
bound, I must pray your Honour to give Orders to 
your Officers to search for them, & if they or any 
of them may be found to apprehend & secure them. 
You will excuse me if I urge this Matter with some 
Earnestness, it being of great Importance for the Pres- 
ervation of his Majesty's Interest at Annapolis Royal 
that all these Soldiers returned from Louisbourg should 
be kept from Desertion, & ready to execute his Ma- 
jesty's Orders, which I expect to receive early in the 
Spring. 

I am, Your Honours most obedient 
humble vServant 

W SHIRLEY. 

Boston Nov' 19. 1744. 

The Honourable Jonathan Law Esq'' 
[Indorsed] Gov'' Shirly's Letter Nov'"' 1744 



GEORGE CLINTON TO JONATHAN LAW 

New York 23 Dec'' 1744 
Si?' 

Having receiv'd a letter of 17"' Nov' last from 
the Commanding Officer of His Majesty's Garrison at 
Oswego, upon the Frontier of this Province. I think 
it requisite to acquaint You with such part thereof, 
as may effect your Government, which I have enclosed. 



246 LAW PAPERS. 

Our Ships are arrived, by which I hear our Con- 
federate Army are in a bad way, and that the Dutch 
decline being concerned in the War. 

I am Sir 

Your most Hble Serv' 

G CLIXTON 
The Hon"« Jonatip Law Esq'' 
[Indorsed] Gov'' Clintons Letter 1744-5 



FRANCIS WILKS' ACCOUNT WITH COLONY OF CON- 
NECTICUT 

The Colony of Connecticutt In New England w**" 

the Est. of Francis Wilks Esq Deced 

D^ 
1741 

July 2 To Cash paid John Sharpe Esq' 

vSolicitor his bill of Law charges 
on the Colonys Account 43 12 

August 14 To Cash paid for S 500 S S Stock 
bo* for the Colonys Acco*^ by or- 
der of Govern'' Talcott ©1003/4 ^ 
Cent 504 7 6 

Janry 27 To Cash paid by order of Gov'' 
Jon-' Law to Sam' Clark in part 
of S 100 ordered to be paid said 
Clark 20 

March 13 To Cash paid more to Samuell Clark 
1742 as above 30 

April 8 To Ditto to Ditto in full 

of the i^ioo 50 

24 To Cash paid Gov"" Jon-"- Law his 
draft on Francis Wilks Esq' in 
favour of Daniel Lothrop 100. 



FRANCIS WILKS ACCOUNT WITH COLONY. 247 

June 26 To Cash paid Ditto as above in 

favour of Thomas, Hill 285 

Janry 22 To Ditto in favour of Samuell Talcott 1 1 5 

To Coach hire and petty Expences 
of Clerks Doorkeeps &c 10 

To Commiss" on buying the above 
S S Stock ® 1/2 f Cent 2 10 5 

To Broker' buying- & Selling the 

said S 500 Stock @i/8 f C 15 

To Commission receiv' S 12 19 13 (T" 

1/2 f Cent ■ 6 2 

To Postage of Letters package &c 135 



1 169 4 
To Balance due to the Colony of 
Connecticutt • 69 



£\2z^ 4 
C^ 
1740 
Nov' 27 By Balance of last Acco* Sent under 

this date 18 74 

1741 
Aug' 12 By Cash for Gov' Talcotts remit- 
tance in 4 Bills on Henry Pelham 
Esq' 667 3 

Febry 7 By Cash for '6 Months Dividend on 
the S 500 S Sea Stock '^ Contra 
due at X'mass last i 3/4 '^ Cent 8 1 5 

1742 
June 24 By Cash for the S 500 S Sea Stock ^ 
Contra sold this day @ 108 3/4 ^ 
Cent with the 6 M° Interest due 
thereon 543 15 



i^i238 4 
London 31'* Decern' 1744 

Mary Marriot Ex*^ 

[Indorsed] Colony Connecticuts Acco" w'*" y*" Ext' of 
Fra^ Wilks Esq' 



248 LAW FAPERS. 

JONATHAN LAW TO GEORGE CLINTON 

MiLFORD Jan'' 2'' 1744/5 

I acknowledge the favour of yours of the 23'' of 
last month The bad State of y" confederate Army 
and the Stupidity of the Dutch are melancholly Themes 
to think upon, the defensive posture of great Brit- 
ain and the Defenceless State of Philadelphia and 
Negligence of some other Provinces and the many 
Emissaries, Moravians and others straggling thro y® 
Countrey look ominous, but what is in y'^ womb of 
Providence to us is uncertain, we must Watch & Pray 
I have lately receivd an Acc*^ from one of our 
Justices near y** Western Borders of this Gov* that 
he has comitted one Andrew Nelson to Goal for put- 
ting off a Counterfeit 20' Bill of Rhoad Island equal 
to 4'^ w^'' w'" he found 72'^ of y'' same sort, and the 
place where this Wickedness is supposed to be carryd 
on is the Oblong and it is probable that great Quan- 
tities of it are handed about by a confederated Gang 
of w'*' I thot fitt to advise you and Subscribe 
Your very humble 

and most obliged Servant 

JON^H LAW 
To his Excellency G'' Clinton 
[Indorsed] Copy of a Letter to Gov' Clinton Jan' 12 

1744/5 

DUKE OF NEWCASTLE TO JONATHAN LAW" 

•White Hall Jan'' 3'' 1744/5 
Sir 

His Majesty having thought It necessary for the 
Security of the Collonys, In North America, & par- 
ticularly of the Province of Nova Scotia, (which has 
been already invaded by the French, & upon which 



DUKE OF NEWCASTLE. 249 

there is great Reason to apprehend, that they will 
early in the Spring, renew their Attempts by the at- 
tack of Annapolis Royal,) to employ such a Strength 
of Ships of Warr, in those Seas, under the Command 
of Comodore Warren, as may be sufhtient to protect 
the said Provence, and the other Neighbouring Col- 
lonys, in North America, and the Trade and Fishery 
of His Maj' Subjects, in those Parts, and may also 
as Occasion shall offer, attack, and Distress the Enemy 
in their Settlements, and annoy their Fishery, & Com- 
merce. I have his Maj* Commands to signify to you, 
his Pleasure that If M' Warren shall apply to yoU' 
for assistance, either of Men, Provisions or Shipping, 
to enable him to proceed either to the Releif, & 
Succour of Annapolis Royal, or of any other of his 
Maj** Forts or Settlements, or for making any At- 
tempts on the Enemy, You should in all such Cases 
be aiding, & assisting to him, in the most Effectual 
Maner and according as upon Consultation together 
Shall be judged Proper, for carrying on His Maj* 
Service : and you will be ready to concert, and ad- 
vise with M' Warren, upon all Occasions that may 
arise, which shall have Relation to the Services on 
which He is employd: and particularly you will pro- 
cure, and Communicate to him, the best Intelligence 
you shall be able to obtain, of the State, and Condi- 
tion of the Enemys Settlements, and of the Ships in 
their Harbours, that He may be enabled to Judge, 
w^hether it may be practicable, and advisable to make 
an Attempt upon any of their Ports. 

HOLLES NEW CASTLE 
A Copy of His Majestys Orders, signified by the 
Duke of Newcastle, to the Respective Governours of 
the Collonys on the Continent of North America. 

[Indorsed by Law] Duke of New Castle Jan'' 3'' 1744/5 



250 LAW PAPERS. 

BENJAMIN COLMAN TO JONATHAN LAW. • 
[J/c?/ // Please your Honour] 

My last Letters from London, from D' Avery & 
D' Watts, oblige me to do myself ye Honour to write 
to you, on ye unhappy affair of M' Winthrops Debt 
to ye late Rev'' & learned D' Hunt of London, with 
whom I sometimes held Correspondence by Letters 
while he lived, & am ye more bound now to serve 
ye Sorrowful Widow & her Children wherein I am 
able. 

I am equally bound, it is true, & truly inclined, 
not to disserve ye worthy & desolate M" Winthrop 
& her children, who are in my Eye & Heart more 
than bereaved ; and from my Heart I wish 'em all 
ye just Regards from your Honour & ye Cxovern- 
ment that can possibly be rendered 'em. 

But how hard is ye Case in this crooked World, 
when between Persons & Families equally hon'' & 
beloved by us, we cannot be just to One without 
bearing hard upon ye other. 

Having two Copies of ye Case sent me, I for- 
ward one of them to your Honour, tho' I am satis- 
fied you have it already from D'' Avery. 

He writes me, that he hopes your Honour wil 
take kindly from Him, & from ye Committee of ye 
Dissenters, what he has wrote you in their Name re- 
specting ye Law about Itinerant Preachers: he indeed 
trembled (he sayes) for your Charter. I hear there 
were some lately in Prison near Lebanon, glorying 
in their Sufferings, & preaching daily to those y' 
will come to hear 'em, moving their Compassions. I 
hope God will graciously direct ye Government in 
this matter, & preserve you both in State & Church, 
in Civil and Religious Order, Rights & Priveledges. 

I beg ye Favour of your Honour to salute from 



BENJAMIN COLMAN. 25 I 

me the Hon^''' L* Governour Wolcot, & let him know- 
that ye Pacquet I received from him about (or some- 
thing more than) a Year agoe got safe to y*" Hand 
of your worthy Agent M' Pahiier, one of my Friends 
to whom I directed it being dead before it arrived ; 
& he has wrote me that he that have ye Advantage 
therefrom to know how to act & answer, in Case any 
thing be moved by M"" Mason, before he receive 
his particular Directions or Order from your Govern- 
ment. 

Sir, that your Life may be prolonged for ye Ser- 
vice of your Colony in State & Church, & also M"" 
Wolcots ; & having served your Generation by ye 
Will of God, your Sleep may be sweet in Jesus, is 
ye Prayer of Him who under ye Infirmities of Age 
asks your Prayers for him, & is 
Your Honours 
most Obed' Humble Serv' 

BENJAMIN COLMAN 
Boston Jan"". 21. 1744/5 

D' Avery writes me that Governour Belcher is 
bright gay & high in Spirits, & ye greatest Instance 
of application to Business that he ever knew at his 
years ; & tho' he had indeed discouraged his coming 
over, ye Expence being certain & gaining any thing 
most precarious, yet it did not appear now unlikely 
but some Compensation for his Losses might be made 
him ; but in what shape or Form he was not able to 
say.* Ye King was pleased to remember Him, when 
he was admitted to kiss his Hand. 



* Jonathan Belcher, a royal appointee, had been removed in 1741 from 
his office of governor of Massachusetts and New Hampshire because of 
controversy over his salary. After his removal he went to England, ob- 
tained royal favor and was appointed governor of New Jersey in 1747. 
AppletofVs Cyclopedia of American Biography. 



252 LAW PAPERS. 

ACT OF THE GENERAL COURT OF MASSACHUSETTS BAY.* 

Province of the | 

Massachusetts Bay j 

The Committee of both Houses upon the Subject 
of his Excellency's Messages of the 19"' & 22'^ In- 
stant make the following Report viz' — 

That they have been attended by two Gentlemen 
who have lately been Prisoners at Louisburg & by 
others who have been Traders there & who are well 
acquainted with the Place from whom the Committee 
have received information that the Garrison there does 
not consist of more than five or six hundred regular 
Troops & that there are not above three or four 
hundred fighting Men of the Inhabitants, that they 
have but a small Stock of provisions That they have 
no Vessels of Force in their Harbour, & that the 
place is at this Time less capable of being defended 
against an Attack than its probable, it will ever be 
hereafter. 

The Committee therefore are of Opinion that it 
is incumbent upon this Government to Embrace this 
favourable Opportunity to Attempt the reduction therof : 
And they humbly propose that his Excellency the 
Captain General be desired to give forth his Procla- 
mation to Encourage the enlistment of three Thou- 
sand Voluntiers under such proper Officers as he shall 
appoint. That each person so enlisting be allowed 
Twenty five Shillings "^ month & that there be de- 
livered to Each man a Blanket that one month's pay 
be Advanc'd & that they be entitul'd to all the Plunder. 

That Provision be made for the furnishing of nec- 
essary Warlike Stores for the Expedition, That four 
Months Provisions be laid in. That a Committee be 

* Inclosed with Gov. Shirley's letter to Law of Jan. 29, 1744/5. 



WILLIAM SHIRLEY 253 

appointed to procure & fit Vessels to serve as Trans- 
ports to be ready to depart by the beginning of 
March, & that a suitable Naval Force be provided 
for their Convoy as this Court shall hereafter Order. 
That Application be forthwith made to the Govern- 
ments of New York, the Jerseys, Pensylvania, New 
Hampshire, Connecticut & Rhode Island to furnish 
their respective Quotas of Men & Vessels to Accom- 
pany or follow the Forces of this Province 

In the Name & by Order of the Committee 

WiM Pepperell 

In Council Jaii. 25. 1744 Read & sent down 

In the House of Represent"'" Jaii. 25. 1744 Read 
and Accepted. Sent up for Concurrence 

T. CUSHING Spk^ 
In Council Jan. 25. 1744 Read & Concur'd 

J WiLLARU Secry 
Consented to 

W. Shirley 
Copy Examined ^^' 

J. WiLLARD Secry 

[Indorsed] Copy of y*" act of the Massachusets con- 
cerning y'' Expedition to Cape Briton Jan' 25 : 
1744. 



WILLIAM SHIRLEY TO JONATHAN LAW. 

Boston January 29. 1744. 



Sir 



This goes by Express to Inform your Honour 
that Petitions having been preferr'd by a Consider- 
able number of the Inhabitants of this province to 
the General Court here ; representing the present weak 
state of Louisbourg, and the great Importance of the 



254 LAW PAPERS. 

Reduction of that place to the Obedience of his ma- 
jesty ; and a General Disposition Appearing in the 
people to Engage in this Service I recommended the 
Deliberate Consideration of this affair to the ( General As- 
sembly, who by their Committee examined a great 
number of Persons, who have been Traders or pris- 
oners in that place, & have known it both in peace 
and War, some of whom came from thence in the 
beo-inning of this Winter ; This Examination, which 
was had before a large Committee of both Houses 
has been so very Critical and exact as to take up 
diverse days in the prosecution of it. The Result of 
which is a Chearfull & almost unanimous Resolution 
of the Court to undertake this Important Business in 
such manner, as is particularly expressed in the Re- 
port of the Committee accepted by the whole Court 
which I herewith Inclose ; and wherein you will find 
this Affair is undertaken by us in full Confidence and 
Expectation that all His majestys Governments in noith 
America, who are Concerned in Duty and Interest as 
well as we, will readily join with us in so laudable a 
Design for the Honour of his majesty and the safety 
of the Trade and navigation of all those Colonies & 
Provinces ; and our Expectation herein will appear the 
more reasonable if it be considered what Pains & 
Charge this Government have been at alone for the 
saving his majestys Interest at Annapolis Royall and 
in the Province of Nova Scotia ; I must therefore 
earnestly desire that all may be done that is possible 
to engage your Colony to do their full part in Con- 
cert with us for the Carrying on this expedition, and 
that you either joyn us or soon follow us with a suf- 
ficient force both for the Land & Sea service ; and 
as the Success of this Affair depends much upon Dis- 
patch, I doubt not but you will use it. I have pro- 



WILLIAM SHIRLEY 255 

posed to the ministry in (xreat Britain the under- 
taking of this Design, and earnestly urged it as of 
great Importance to the Crown and the Safety of 
His majestys Subjects in all these parts before I had 
any Thought of the Thing's being Attempted in this 
Way ; and I shall now Write pressingly by the first 
Conveyances both to the ministry at home & to the 
Commanders of the Squadrons in the WevSt Indies to 
send a Naval Force to meet us & Support us in our 
Design : I have ordered an Embargo of all Vessells 
whatsoever, and have vSeized all the French men among 
us & 'have endeavoured to have them kept under such 
safe Custody as to prevent them from sending any In- 
telligence : The same measures will be necessary (as 
I apprehend) in your Government. 
I am, Sir, 

Your Honour's most Obedient 
Humble servant 

W SHIRLEY 

To the Honourable Governour Laws 

[Indorsed] Gov' vShirleys Letter concerning the Ex- 
pedition to Cape Briton Date Jan'' 29 : 1 744 



WILLIAM SHIRLEY TO JONATHAN LAW. 

Boston Feb. 4. 1744. 
Sn- 
Since the Departure of the Cxentlemen, by whom 
I sent my Dispatches to You referring to the Expe- 
dition which We are forming against Cape Breton, I 
have Advice from Governour Wentworth that the As- 
sembly of New Hampshire have very chearfully de- 
termined to join with us, & have Voted to raise two 
hundred & fifty Land Forces for this Service, and 



256 LAW PAPERS. 

that he hopes to persuade them to raise a greater 
Number. I have likewise Letters from the Gentle- 
men I sent to Rhode Island, informing me that the 
people there are much spirited to engage in this 
Business, & that the Assembly will meet in a day or 
two to consult on the Affair ; And that it looks prob- 
able that they will furnish their full Quota of Land 
Forces for this Service, if not more, as also a private 
Ship of War of Twenty Guns which now lyes in their 
Harbour. I thought it of Importance that Your Hon- 
our should be informed of these Things ; not doubt- 
ing but you will make a proper use thereof for Ex- 
citing an Emulation in your People & for encouraging 
them to do their part to promote his Majesty's Ser- 
vice and the common Interest of these Provinces, 
which .so much depends upon the Success of this En- 
terprize. We are going on in Our Preparations & 
now beginning Our Levies : And I think Our people 
are full of Spirit, & with Dependance on the Blessing 
of Providence I hope for a prosperous Event. 
I am Sir 

Your Honour's Obedient 
humble Servant 

W SHIRLEY 

To the Honourable Jonathan Laws Esq' 



ROGER WOLCOTT TO JONATHAN LAW.* 

Windsor Feb 5"' 1744/5 
May it please you?' Hoii' 

Coll" Berry and Cap*^ Chote Have Done mee the 
Hon'' to Lett me in to the Affair about Which they 

*This letter bears a wax seal carrying an impression of the Wolcott 
arms. 



ROGER WOLCOTT. — JONATHAN LAW, 257 

Intend to Waitt upon your Hon'. I perceive the busi- 
ness Requires the Greatest Dispatch and I think there 
Can be no scruple that if your Councill Were with 
you they Would Advise you to Call the Asembly to- 
gether I therefore Recomend it to your Hon"^" Con- 
sideration if it be not best to Call the Asembly To- 
gether without suffering so much time to Elaps as 
Must Needs be if you Assemble your Councill pre- 
vious to it all Which I submitt to your Hon"" Wis- 
dom and Remain 

your Most obliged 

Very Humble serv' 

ROGER WOLCOTT 

[Superscribed] To the Hon'''"'' Jonath" Law Esq"" In 
Milford 

[Indorsed] D. Gov''. Wolcots Letter Feb. 5*'' 1744/5. 



JONATHAN LAW TO JOHN PRENTIS. 

By and with the Advice of the Council of Warr 
assignd me I Doe hereby Order and Direct you forth- 
with to enlist one hundred able bodyed, effective men 
including Officers to serve on board the Colony Sloop 
Defence in the intended Expedition against Cape Britton 

Given under my hand at Milford 

this 7"' day of March 1744-5 

JONTH LAW Gov'' 

AND COMANDER IN CHIEF 

To M"^ John Prentice 

Cap* of the vSloop Defence 
Copia 
[Indorsed] A Copy of Orders to Cap* Prents 1745 
17 



258 LAW PAPERS. 

WILLIAM PEPPERRELL TO ROGER WOLCOTT. 

Boston. March: 8^^: 1744 

May it please V Honour, 

This waits on you ^ tlie Comission* of your 
Govern*^ "^^ whom We had the agreeable news of your 
acting- in the Expedition ag*^ Louisbough in conjunc- 
tion with us. And it is great Satisfaction to me that 
I am to receive Assistance from a Gentleman of Your 
Wisdom & Experience. The affair requires the best 
dispatch on your part «& must intreat you to afford it. 

I have had some Conversation with M"' Williams ^^ 
whom I perceive to be a Gentleman of good Council 
& accomplishments & should be very desirous to have 
his Assistance in the Army. And if he may go in 
a military Capacity in Your Regiment Suitable to his 
Honours & worth So as that We may have the ad- 
vantage of his advices I should be well pleased with 
it & Inasmuch as He is a Person of distinguished 
Learning & Gifts & has been, to great acceptance, in 
Sacred orders If he might also Officiate as a Chap- 
lain to that Regiment I know of nothing unsuitable 
in it. 

I am with great respect 
Y' Honors 

Very Hum"*^ Serv*^ 

William Pepperrell. 

To the Honourable Roger Wolcott Esq' 

Lieutenant Gov. of the Colony of Connecticut. 



* Rev. Elisha Williams had previously been Rector (or President) of 
Yale College. At a special session of the Assembly in March he was ap- 
pointed chaplain, and later records indicate that he accepted the appomt- 
ment and served the expedition in that capacity. 



Sir 



WILLIAM SHIRLEY. — ANDREW BURR. 259 

WILLIAM SHIRLEY TO ROGER WOLCOTT. 

Boston March 8. 1744 



Agreable to the Proposal made to me from the 
Government of Connecticut by Col" Trumbal & M' 
Williams,* I have ordered a Commission to be made 
out to give you the second Command over the Forces 
raised for the Expedition against Cape Breton ; Which 
Commission is herewith inclosed.f And from my per- 
sonal Knowledge of you & the general Character you 
bear of those Qualities which make you at least equal 
to this Trust, I do with the utmost Chearfulness com- 
mit it to you, & wish you all possible Success in the 
Discharge of it. I doubt not but you will do your 
utmost to have the Succours, your Governm* sends 
by you seasonably join our Forces, to prevent any 
Inconvenience that may happen by a Delay. 
I am Sir 

Your most obedient 

humble Servant 

W SHIRLEY 
Roger Wolcott Esq"" 



ANDREW BURR TO JONATHAN LAW. 
Muck Horf^ 

S' I Rec^' y^^ of y^ 8'^ of Instant March, (with a 
ColP Commition for y*^ Expedition Inclosed) wherein 



*At a special session of the Assembly in February Jonathan Trumble 
and Elisha Williams were appointed as a committee to confer with rep- 
resentatives of the governments of other colonies about matters relating 
to the proposed expedition. 

+ At the special session of the Connecticut Assembly held on the four- 
teenth of this month it was voted that "This Assembly do appoint the 
Honourable William Pepperell, Esq', to be Lieutenant-General over all 
the forces in the expedition against Cape Breton and parts adjacent, and 
order that he be commissioned accordingly. 



26o LAW PAPERS. 

you desire my acceptance. I should be Glad to de- 
fer that matter till y'^ Setting of y^ Assembly. I 
Expected that M' Dan' Bradley to whom your Hon' 
sent a first Lieu*' Commition would have accepted 
and took y"' Trouble of Inlisting men for y"" Coll' 
Company but I am Informed that he Refuses y® Com- 
mition, should I now Accept of y'' Commition & send 
for y'' Money to Hartford there is no officer under 
me in Commition to Inlist men, & therefore I think 
under these Circumstances that y*" Inlisting men Can't 
be much forwarded by My now Accepting & send- 
ing for y* money — and am with Great Respect y'' 

Hon"- 

Most Obedient 

and Hum'*" Serv' 

ANDw BURR 
Fairfield March 9"^ 1744/5 
To Governour Law 

[Superscribed] To the Hon^'* Jonath" Law Esq"" Gov- 
ernour att Milford 



WILLIAM SHIRLEY TO ROGER WOLCOTT. 

Boston March 1745 
St'r, 

Having given you a Commission to command as 
Major General in the Forces raised within this Prov- 
ince & the neighbouring Provinces & Colonies for 
the Expedition against the French at Cape Breton, 
whereof William Pepperrell Esq' is Lieutenant Gen- 
eral & Commander in Chief ; I do hereby direct you 
as soon as the Auxiliary Troops from the Colony of 
Connecticut which are under your particular Command 
are ready & embark'd on board their respective Trans- 
ports, with them forthwith to proceed to Cape Breton, 



WILLIAM GREENE. 261 

& join the other Forces for the said Expedition, and 
there you must follow such Orders and Directions for 
the Annoyance of the Enemy as you shall from time to 
time receive from the said Lieut^ General Pepperrell. 
And forasmuch as upon the Death of the said Lieuten- 
ant General Pepperrell or his Absence from the said 
Forces on any extraordinary Emergence or Occur- 
rence the chief Command of all the said Forces will 
devolve on you ; In such Case I hereby direct you 
to conform yourself to the Body of Instructions I 
have given to the said Lieut' General in the several 
Opperations of the said Expedition, Which Instruc- 
tions you must in such Case take into your Posses- 
sion, & govern yourself by them, or by any other 
Instructions which he may or shall have received, 
or you shall from time to time receive from me. 

And so heartily wishing you a good Voyage & 
Success in your Enterprize 
I am Sir, 
Your most assured Friend & Servant 

W SHIRLEY 

To the hon*''<= Roger Wolcot Esq-^ Major Gen' of 
the Forces rais'd for the Exped" ag'^ Cape Breton 



WILLIAM GREENE TO JONATHAN LAW. 

Warwick March ii^'^ A D 1744/5 

our General Assembly being Seting the Week past 
enacted That our Country sloop well equiped, with 
ninety able men to be enlisted as Volunteirs should 
forthwith proceed upon the Expedition against Cape 
briton and there to be Under the Command, and 
Directions of the Commodore and the Gen" Assembly 



262 LAW PAPERS. 

at s*^ Sessions enacted that there Should be forthwith 
Inlisted as Volunteirs in this Colony at the Govern- 
ments Expence three Companies of Marreins, or Land 
fources fifty men to Each Company ; And we having 
been lately Inform'' that Your Government have Come 
into measures to Raise a Considerable Number of 
Fources for s^ Expedition and that his Hon'' M"" Wolb 
cot will Likely be appointed the Second Commander 
of the Land fources ; which will be very agreeable 
to our Governm' Knowing him to be a Gentleman 
of Hon''. I am Therefore Directed by our assembly, 
to Request of your Hon'' that our Land Fources may 
be annexed to yours, when they Come to the place 
appointed and there be Under the Command of Your 
Superior officers, for that we have not appointed any 
officer Above a Cap' And our Government Much 
Raither Clauses to Join Your fources than Boston 

I Do therefore in behalf of this Colony, earnestly 
Request that Your Hon'' will be pleased to faviour us 
with Joining Your fources as aforesaid, and be pleased 
to Let me know the first oportunity that I may Give 
Instructions accordingly 

I am S'' 
Your Honours most Humble Servant 

W GREENE 

P.S. pleas to Direct (if you write) to be Left at 
John Arnolds in East, Greenwich 

To y" Hon'^'*= Jona^ Law Esq' 
[Indorsed] Gov'' Greens Letter March ii*'' 1744-5 

JOHN STODDARD TO JONATHAN LAW. 

Nth Hampton March 13"' 1744/5 

I was Informed last week by one of my Neigh- 
bours that one Hundred and fifty Recruits were ar- 



JOHN STODDARD. 263 

rived at Crown Point, this account he had from the 
Commissioners of the Indian affairs at Albany, and 
they had it from two of their Spies which they had 
sent to Crown Point to gain Intelligence. 

a fortnight ago the Scouts from N" 4 discovered 
the tracks of 8 or 10 men on the Ice about a Mile 
from the mouth of Black River, it appeared that the 
men avoided the snow when they were able, but when 
they could not they stepped in the first mans tracks 
(probably) that their number might not appear, but 
might be thought only the track of one Hunting man, 
there was one or two Scaatacooks at the great 
Meadow, who hearing of the tracks that were dis- 
covered, they Immediately retired to their Hunting 
House up Sextons River, and leaving a Squaw there, 
they went in quest of those that made the tracks, 
and since that time are privately drawn off with their 
families, as some other Indians have done. 

this morning I had a letter from N"'field Inform- 
ing that a Souldier who run away from Albany about 
ten days since is come to fort Dummer, who tells the 
story about the arrival of Recruits at Crown Point, 
with this variation, that the num of the Recruits is 
300, and that the Indians are gathering there. These 
things look as though the french were forming some 
design against us, if there should be any attempt 
made upon us I doubt not of the readiness of the 
Government of Connecf^' to give such assistance as 
shall be needful, but if the Occasion should be Sud- 
den, I shall be to seek who to direct my Letters to, 
having heard that his Hon'', the Deputy Gov"^ will 
be Absent, and have not learn't whither a Committee 
of War has been Established as formerly, should be 
glad to be directed, that I might Act rightly upon 
every Occasion. 



264 LAW PAPERS. 

It will not only be necessary that due care be 
taken (upon any Intelligence) to Protect Exposed places, 
but also if possible to Intercept the Enemy in their 
approach, or in their retiring. 

We have a few Souldiers at fall Town, and 
Colrain, 18 at Fort Shirley, about five Miles West 
from there we have Materials for another Block- 
House which we purpose to Erect within a few 
days we have likewise agreed to Build another at 
Hoosuck this Spring. I purpose as soon as the En- 
listment for Cape Bretonis over to Detach near Sixty 
men to Cover the workmen and to maintain Scouts 
we have alsoe fifty men Posted above the Line of 
Government between us and Newhams*"'. 

I am your Hon" most Humble 
Obedient Servant 

JOHN STODDARD 
His Hon^ Gov". Laws. 

[Indorsed] Coll' Stoddards Letter March 1744-5 



WILLIAM SHIRLEY TO JONATHAN LAW. 

Boston March 15. 1744 
Sir, 

In Answer to the Motion of your Commissioners 
Iro me that I would order some of our Vessels of 
War to meet your Auxiliaries off of for their 

Safeguard, I must acquaint you that I have thought 
it of so much Importance to prevent any Supplies 
or Recruits from being brought into Louisbourg by 
Sea that I have sent out almost all our Naval Force 
to block up that Harbour, & shall have only one 
Snow (Capt" Rowse) to convoy our own troops. Capt" 
Gayton will go on this Expedition, but it is some- 



WILLIAM SHIRLEY. 265 

thing uncertain when his Ship will be ready, & more 
uncertain when she will be sufficiently manned ; and 
I should think that your Colony Sloop will be a suf- 
ficient Convoy for your Troops ; But if you judge 
otherwise I believe there will be no Difficulty in get- 
ting the Rhoad Island Colony Sloop to join you, for 
I understand they design to send her to Cape Breton 
with a small Number of Land Forces, So that your 
joining with them may be without going out of the 
Way ; if you can so concert Measures with them : 
Our Troops & those of New Hampshire will sail by 
Monday next. 

I am Sir, 
Your Honour's most Obed' 
Humble servant 

W SHIRLEY. 

The Honourable Jonathan Law Esq"" 



WILLIAM SHIRLEY TO JONATHAN LAW. 

Boston. March. i8. [1744.] 
Sir, 
The present exhausted State of this Province 
both as to Men and Money by the great Armament 
we have made for the Reduction of Cape Breton 
which brings an inconceivably greater Expence to this 
Province even in proportion to Our Number of In- 
habitants and their Estates than to any of our Neigh- 
bours engaged in it, and the weak 8^ exposed State 
of our Western Frontiers, which are a Barrier to the 
Colony of Connecticutt, and the Grounds we have 
hourly to expect an Enemy to Attack our Settlements 
on or near Connecticutt River, oblige me in behalf 
of this Government to desire that your Government 



266 LAW PAPERS. 

would Assist us in the Defence of that Frontier with 
a sutable Number of Forces to be raised in your Col- 
ony ; As this is in itself reasonable & what His Ma- 
jesty may justly expect, So it is what your Govern- 
ment has been wont to do in former Wars, and what 
the Disposition you have manifested for the Common 
Interest and Safety of both Governments gives us 
Reason to hope for from you at a Juncture, which 
requires this Assistance more than ever, I must there- 
fore earnestly Urge You to send your Auxiliaries 
into the County of Hampshire under your own Of- 
ficers to be posted and employed in this vService as 
I (or such Officer as I may Appoint) shall Direct. 
I am Sir your Honour's very humble Servant 

W SHIRLEY 

P : S : at the desire of your Gentlemen I shall 
send 5^ou five or six Pilots to Cape Breton by the 
next Sloop for your Ports 

The Hon''''' Jonathan Law Esq' 
[Indorsed] Gov' Shirley's Letter March iS*^'' 1744-5 



LETTER TO ROGER WOLCOTT.* 

Salem Mar: 18"': 1744 
Hon"^ Sir 

Understanding you are engaged in this laudable 
Enterprize, I thought it but proper to Assure you 
of my good Wishes on y'" Expedition, a Blessing on 
his Maj>'' Arms in General, the Divine Protection on 
your Person, & that you may return w"' Safety & 
Honour to your Family. 

I Send this by M"" : Geo : Corwin who is a Branch 

* The signature has been cut from this letter. 



WILLIAM GREENE. 267 

of my Father's first wife's Family, & to whom I Should 
be glad (if in y'' Course of things) you Could show 
any Favour, If you should make use of him, I doubt 
not but you'll Approve both of his Capacity and Fi- 
delity, & I shall esteem any Marks of kindness done 
him as a Favour done to 

S- [ ] 

[ ] 

To y'^ Hon"'' ROG« Wolcott Esq" 

[Superscribed] To the Hon"^ Roger Wolcott Esq' Lieu* 
Governour of the Colony of Connecticut f^ M'': Cor- 
win 



WILLIAM GREENE TO JONATHAN LAW. 

Warwick March 22d : A D 1744/5 

Yours of the 18"' Instant; I Just now ReC' and 
observ'^ the Contents, and as to Joining with Your 
Governm* its Very agreeable to ours ; as your Hon'' 
will See when You Recieve a Letter from me which 
I wrote by ord'' of our assembly Dated March 11*'' 
1744; but Since your Hon'' has not Set any Perticuler 
time when Your fources will be Ready ; I Can not 
properly Stop our Country Sloop Long after She is 
fully Manned ; for that our Gen" Assembly has or- 
dered that she shall Sail as soon as may be ; as to 
Land fources ; our Government has Lately ordered 
three Companies to be Raised forthwith ; as Volun- 
teirs ; but have not ordered any press ; and having a 
great numb' of Men now, a Cruising out of this 
Colony ; there Seems to be but few at present that 
are Spirited in the affare ; its possable that our fources 
may not be Ready ; Sooner than Yours, our Sloop 



268 LAW PAPERS. 

Yesterday wanted nine men to make up her full Com- 
plement; if Your Hon' Thinks fit to ord"^ Your fources 
to touch at Newport ; as they Come along ; its pos- 
sible ours may not be gone ; provided it be Speedy ; 
for the Joining our fources with Yours will be so 
agreeable ; to our Governm' that I hope we Shall not 
fail of it 

I am S' 

Your Hon'" 

most Humble Servant 

W. GREENE 

[Superscribed] To The Hon^'' Jonathan Law Esq"" 
Governour of the Colony of Conecticut &'= at Mil- 
ford 



WILLIAM SHIRLEY TO JONATHAN LAW. 

Sir, 

Having sent John Burbeen, the Bearer hereof, to 
New York upon an Affair of great Importance to the 
Success of the Expedition, I must pray your Honour 
that if his Horse should fail, you would give Order 
that he be furnished with necessary Horses within 
your Colony. I have appointed a public Fast to be 
observed thro out this Province upon Thursday the 
fourth of April next. If there be time for it it might 
be well that our Fasts might be on the same Day. 
I am (Sir) 

Your Honors most obedient 
humble Serv*^ 

W SHIRLEY. 
Boston March 25. 174.4. 
To the Hon''"= Jon* Law Esq' 

[Indorsed] Gov' Shirleys Letter March 25 1745 



ELIAKIM PALMER. 269 

ELIAKIM PALMER TO JONATHAN LAW. 
Sir 

As I have not been favour'd with any Letters 
from the Colony since the 30"' of Novem'': 1743 and 
as several Ships from your Parts have since that time 
fallen into the Enemys hands I presume some of your 
Dispatches may have miscarried, & as I have advice 
of the arrival of those ships w'* carried my last Let- 
ters think it unnecessary to send any more Coppys of 
them 

In Obedience to his Majesty's Commands I here- 
with transmitt to you Coppy of his Majesty's additional 
Instruction in order to put a stop to the practice of 
ransoming- Prisoners of Warr & ships taken as prize 
when such Ships may be conveniently bro' into some 
Port in his Maj'^'"' Dominions 

I am also to inform you that the Persons who 
undertook the soliciting an Act of Parliam' to De- 
prive the Colonys in America of the Liberty of Is- 
suing such summs of Paper Currancy as may be nec- 
essary for the service of the respective Governm*', & to 
make the Kings Instructions of Equal force with the 
Acts themselves have tho' fitt to drop the Affair for 
this session of Parliament & I Doubt not I shall have 
Instructions from the Colony on that head before the 
next 

I am vSir Your's and the Colony's 
Most faithfull hum'"' serv^ 

ELIAKM PALMER 

London 25*'' March 1745 
To the Hon^^-^ JoN^ Law Esq'" 



270 LAW PAPERS. 

JONATHAN LAW TO WILLIAM SHIRLEY. 

MiLFORD March 30 1745 

Yours of the 15"' 18''' and 25*'' instant I rec'^ as 
also one of the ii^"" from Gov"" Green who informs 
that their Assembly have Enacted That y"" Countrey 
Sloop with ninety men should proceed on the Expe- 
dition under y*" Coihand of the Comadore and three 
Companies of Volunteers of 50 men each and that 
they may be joynd to our forces when they come to 
the place and be under the Comand of our Superior 
Officers, not having- appointed any Officer above a 
Captain 

I have wrote to Gov' Green to have y'' Sloop go 
in Concert with ours. 

As to the Motion you make for Auxiliaries to 
defend the Western part of your Province I iihedi- 
atly sent a Copy of your Letter to the Com'*''' of Warr 
att Hartford to whom the Care of our frontiers is com- 
mitted as also a power to send men into Hampshire 
County but with this Provisoe That no man be sent 
thither untill Information be given of the approach 
of an Enemy from some that are chief in Authority 
in that County 

On y'* Request of Coll' Stoddard when I was att 
Hartford I acquainted him That y'^ Com'*'*' was Con- 
tinued and to whom to direct, the Dep Gov' being 
likly to be absent 

It has been reported that your Paquett Boat was 
returnd with an Acc^ That Commadore Warren would 
meet our forces att Cansoe in y" begining of April, 
w'* your Messenger confirmd to me, to my great Sat- 
isfaction as also that your Transports 60 in number 
saild on Sunday last but when I observd Your Ex- 
cellency gave not the least hint of it. It troubled me 



NATHANIEL STANLY. 27I 

to suspect it to be all Invente[ ] I furnished him w*'' 
a Horse and expect his Return tomorrow 

with Respect to y" ffast I had appointed the lo"" 
day of the month but on the Motion of y*^ May'' Gen' 
that one day might be observed before his Embarc- 
ation and another after the 3'' day and the last Wed- 
nesday was concluded upon. Wednesday for fasting & 
Thursday for fasting in favour of the Church has been 
our practice for some years past. N York Paper gives 
us an Ace* of y'' Comadores design for N. York w"' a 
60 gunn Shipp. It will be very refreshing to me to 
be informd of any favourable Aspect on so great an 
Undertaking 

I Subscribe 

Your faithfull 

and most humble Servant 

JONTH LAW 
To his Excellency W" Shirley 
[Indorsed] Copy of a Lete to Gov' Shirley March 30''' 
1745 



NATHANIEL STANLY * TO JONATHAN LAW 

Hartford March 30"' 1745 

I have Just now rec' yours of the 27"" Instant, 
with y'' Inclosed viz Gov' Shurleys and Gov' Greens 
letters I purpos the begining of the weke, to acquaint 
the Comitte of Warr, with what Gov Shurley hath 
wrote to you' Houn' ; I suppose the Actt of Assem- 
bly doth not Impower the Comitte of warr, on Such 
a motion as this, to sende men Into the County of 
Hampshier, to keep Garrison there, So that I Con- 

* See Talcott Papers, I, 309 (Collections, IV.) 



2/2 LAW PAPERS. 

elude nothing of that nature will be done before y*" 
next assembly The Maj"" Generall is gone to New 
London In order to procede, on his voyage to Cape 
Britton, I shall acquaint him with Gov"" Greens Let- 
ter as Soon as possable, our Troops this way are to 
Set out for New London, the next Thursday by the 
Generals Order. 

I am S"" your Hour' most Humble 
and obedent Serv" 

NATHLL STANLY 



WILLIAM SHIRLEY* TO ROGER W^OLCOTT. 

Boston March 30. 1745. 
Sir, 

Inclos'd are my orders to you to proceed to Cape 
Breton w"' the forces under your particular Command 
from Connecticutt, in doing w'*' if you judge proper 
to touch at Canso in your way for Intelligence it 
may not be amiss. I am sorry it is not in my power 
to procure you the Convoy of Capt" Gayton's Ship for 
your Transport Vessells, as you desire, that Ship be- 
ing order'd to go to Antegoa & from thence directly 
to Jamaica w"" Maps for the Jamaica Squadron, w'^'' is 
in extreme want of 'em since the late Hurricane there 
in October last. About fourteen days ago I sent three 
ships of 20 Gunns each, two Snows of Sixteen (kins 
each and a Brig of near the .same force to cruize 
before Louisburg Harbour, w''' I am in hopes may 
intercept any Intelligence, provisions, or recruits, w''' 
the Enemy may expect to arrive early to 'em : And 
our Forces sailed under the Convoy of Capt" Rouse's 
Snow only, w''' I doubt not is sufficient between this 

•See Talcott Papers, II, 24 {Collcclions,V.) 



ROGER WOLCOTT. 273 

place and Cape Breton, as we have so many Ves- 
sells before it, and w'"" will be join'd by Rous after 
our Forces are landed on the Island w"' the New 
Hampshire Troops, w'*" I expect will be on Monday 
or Tuesday next if no extraordinary Accident pre- 
vents 'em ; I hope therefore there is no Danger of 
your meeting with any thing in your way, w*^'' your 
own Colony sloop will not sufficiently protect you ag' ; 
However I have wrote to the Governour of Rhode 
Island in the strongest Terms I can, to engage him 
to order His Colony's Sloop to join you, as Col Lothrop 
will inform you ; tho I must confess I have no great De- 
pendance upon that Government in this Expedition. 
I heartily wish you all Imaginable success and am 

Sir 
Your faithfull Humble servant 
W SHIRLEY 
I must refer you to Col Lothrop for the behav- 
iour of Lieuten* Col Eveleth, Capt" Byles, Capt" Davis, 
& Capt" Bak6r in leaving the Squadron Fleet and 
putting in to Cape Ann 'till Wensday last and per- 
mitting their Men to go on shear all of 'ein except 
Capt" Baker who did not behave so ill as the rest ; 
Col Eveleth, & Capt" Byles are most to blame pray 
acquaint the General with it some notice sh'' be 
taken of 'em. 

Major Gen' Woolcott. 

ROGER WOLCOTT* TO WILLIAM GREENE. 

New London Aprill i*' 1745 

Your two Letters to Gov' Law of the 11'^ and 
22'' of March past meeting with some Gentlemen of 



* See Talcott Papers, I, 123 Collections, IV 
18 



274 LAW PAPERS. 

our Councill Who knew in What manner the In- 
tended Expedition was lost with [ ] by their or- 
dering Come to my hand, that of the 22*^ about five 
days since and the other this day 

I accknowledge the Hon' your Assembly has done 
my self and the field officers here in ordering the 
Companys you raised to go with our troops under 
our Chief Comanding officers I have nothing to re- 
port on this years Proceeding but that you deprived 
them of Better officers that would be sent from your 
selves. I assure you if they Came they shall fare as 
our own Men and I shall with utmost Chearfullness 
do them any service I can. 

I am Glad you Encline that Cap* Fones and any 
other vessells you send should Go with us, this will 
certainly be for our Mutual defence. I am just now 
Come to Town and have this oportunity to Inform 
you that I have ordered our forces to be all here by 
Saturday Next at farthest and I doubt Not we shall 
be under saill some time Next Week, it may be 
towards the Latter End of it I have discoursed with 
Cap*^ [ J about our Joining you, he says that if 

we put in at Newport it will Hinder us 24 hours 
and it may be two or three days, I therefore pro- 
pose that if you are ready first you Come to New 
London and saill together from home or if you shall 
think better lett me know when we may Expect to 
find you off Block Island I am your Hon" 

Most obliged Very Humble Serv*^ 

ROGER WOLCOTT 
To the Hon^'^"^ Will-^ Green Esq' 

P S If my proposals are not Agreeable to you 
lett me know your further sentiments What is best 
to be done in order to join without Loss of time. 



JONATHAN LAW. 275 

JONATHAN LAW TO JOHN PRENTIS. 

MiLFORD April I St 1745 



S' 



On a Motion to me from the lower house by 
their Messengers. These come to caution you against 
suffering your men to have more strong Liquor than 
a proper Allowance and to take Care that they have 
not Caggs of Rhum in their Chest least you should 
be exposd by it in a time of danger and that you 
keep your men under good Discipline 

JONTH LAW 
To Cap* John Prentice 

[Indorsed] Copy of a Letter to Cap' Prentice April i'* 



JONATHAN LAW TO ROGER WOLCOTT. 

MiLFORD April 2" 1745 

I rec'^ a Letter from Gov' Green & sent a Copy 
by an Express to Hartford presume you have seen it. 
I have sent to him by this weeks Post, have advisd 
him of what has been done with respect to the Gen* 
Officers and of w' I thot would be best to be done 
in order to putt y' Troops under our Officers and that 
was in his Com"" to his Captains to declare them to 
be under or of Coll' Burrs Regiment. 

I have desird him to concert measures with your 
self about time and place for your uniting your forces 
to proceed on the Expedition. And now S"" I can 
only say be of good Courage, putt your Confidence 
in the Lord of hosts who alone can preserve you and 



276 LAW PAPERS. 

make victorious by many or by few as seems good 
in his Sight and so I bid you farewell and remain 
Your faithful! Friend 

and humble Servant 

JONTH LAW 
P.S Service to jSr Miller and all ffriends. 
To Roger Wolcot Esq' 



WILLIAM GREENE* TO ROGER WOLCOTT. 

Newport April 4"' 1745 

Yours of the i"*^ of this Instant I Rec'' and as 
to our Sloop waiting upon Your Hon"" at Newlundon 
I Should be well pleas'* to oblige You therein ; She 
being now fully Man'' And Ready to Sale ; but I 
this Day Rec'' advice that one of our Captains, is 
Likely to Raise a Company which I Expect to be 
further apprised of in a Day or two when I Shall 
Indeaviour to Let You Know farther ; if it so hap- 
pens; and w^hether our Sloop Can wait on You at 
Newlundon or not ; if it so happens, that She Does 
not Come before You are Ready ; I Shall be Greatly 
obliged to you if You' be pleas'^ to touch at New- 
port ; as you Come along, it being but Little out of 
your way ; and if you have opertunity be pleased to 
Let me Know what time next week You will vSale ; 
and if we are Ready first our Sloop Shall wate on 
you at Newlundon ; if I had not had y'' above s'' ad- 



s'- William Greene was born in Warwick, R. L, Mar. i6, 1695. He was 
for many years clerk of the county court in Providence ; became deputy- 
governor of Rhode Island in 1740 and governor in 1743, which office 
he held until his death at Providence Feb. 22, 1758. Appletoti's Cyclopedia 
of American Biography. 



ROGER WOLCOTT. 277 

vice of y® Raiseing s'' Company ; I Intended our vSloop 
should have saild for newlundon this Day. 
I am S-- 

your Hum^''® Servant 

W GREENE 

ROGER WOLCOTT TO JONATHAN LAW. 

[ ] 

[ ]cknowledge the favor of yours 2^ In- 

stant I had Wrote to Gov' Green in the afair and 
moving that the Delay of our Calling at Newport 
might be preventd by Cap' fons meeting us here or 
Waiting for us off block Island 

This Minute I ReC' a Letter from him by Cap* 
Hall Informing that twas likely they Might raise a 
Company In Expectation whereof there sloop Delayed 
Coming and Again moveing men to Call at Newport 
which tis possible we may do for Cap*^ Grentt (?) wants 
both match and ball which Cant be Gott here 

The forces from Hartford County will be in Town 
to day Cap"^ Denison and Whitting on Monday the 
Transports are all here but those from the west which 
I hope sett forward with the western Troop on Wedns- 
day and will be here in time I spoke to Coll" Bur 
at Hartford and sent word again by M' Walter from 
Norwich that their March might not be Delayed 
Longer but have heard Nothing but a suspicion that 
Cap* Chapmans Company is not Complet I hope if 
that by any delay your Hon' will remove it 

I have apointed Teusday to Reveiw the Regi- 
ment and Give the proper orders Intend Imediately 
to put all on bord and be under saill early on Wed- 
nesday morning 

Altho for a small time at first setting out the bus- 
iness ther at a Distance seemd Insuperable to my 



278 LAW PAPERS. 

Age yett since I have began upon it all Clouds van- 
ish I trust to do my Country Good service and never 
went more Cheerfully about any afair in my life may 
God be with us and make our Hands suficient for 
the service Give us victory and return us in safty 
and make us in all things resigned to his will In 
hopes of this mercy I remain 

your Hon' 

very Humble serv' 
ROGER WOLCOT 
[Superscribed] To the Hon''''^' Jonathan Law Esq' In 

Milford These 
[Indorsed] Dep Gov'" Letter April 6*'' 45 

WILLIAM GREENE TO ROGER WOLCOTT. 

Newport April f^ 1745 

Yours of the Sixth Instant I Just now Rec"^ and 
am Glad to hear Your Hon'' is Likely to Sale so Soon ; 
we have two Companies partly filled ; and Shall Do 
all in my power ; to fill one out of boath ; to be 
Ready to meet You at Block Island as You Come 
along, but Can not be Sertain of that ; our Sloop is 
now Under Sale for Newlundon and I Expect will 
be. there this Day I hartily wish Your Hon' Success 
in Your undertaking ; 

and am 

S'' 3'our Humble Servant 
W GREENE 

WILLIAM SHIRLEY TO JONATHAN LAW. 

Boston Aprill 8. 1745 
Sir, 

I have your favour of the 31^' of last March, and 

have inclosed a printed Copy of my Speech to the 



WILLIAM SHIRLEY. — ROGER WOLCOTT. 279 

Asembly in answer to it, as that perusal of that will 
inform you of the prospect we have of a sufficient 
Naval force to support the Expedition ; and have to 
add to it y* I am in great hopes Commodore War- 
ren proceeded, upon meeting some of our fleet at sea 
in their passage to Canso, directly for that place or 
Cape Breton, having heard nothing of him or his ships 
since, and it being now the 10"' day, since the A^es- 
sells w'^'' brought in his Express to this port, parted 
from him in the latitude of 22 upon his passage 
hither. 

I hope the Major General will have a safe and 
speedy Arrival in Chappeau rouge Bay w'^ the forces 
under his Command, and y' the Event of the Expe- 
dition will be such as will effectually promote His 
Maj^'^ service, and the Common Interests of both Col- 
onies ; and y' our united forces and Counsels will 
succeed in this and every other scheme undertaken 
for the service of the Common cause, in promoting 
w''' I shall ever esteem my self happy and am 
Sir, Your Honour's most obedient 

Humble servant 

W SHIRLEY 
Hon^^« Gov' Law. 



ROGER WOLCOTT TO MRS. SARAH WOLCOTT. 

New London Aprill lo"' 1745 
Dear Spouse 

This is the Last Letter I shall Give you before 

I Embarke and am allmost Distracted with Hast while 

I write this have only to say Abn'' is Marry*^ and 

Ursula is here but Going home to day Capt fones is 

is here with the Tarter 90 men 16 Guns Comadore 

Waren is doubles at Cape Breton with a 50 and 

2: 40 Gun ships The whole Number of Cariage Guns on 



28o LAW PAPERS. 

bord is about 270 besides swi veils &c. We expect one 
if not two Companys from R Island 

yesterday was a Generall Review the Regiment 
found Compleat and Monday we took a view of the 
Transports and found they would not sufice for the 
men and stores therefore are fitting Another Brig® 
this has Given some delay but hope to Go on bord 
by fryday at furthest in my opinion here appears 
the bravest Regiment that Ever I see and I hope 
they will do Good service when we Come to Action 

I am in Good health and chearfuU hopeing for 
success and a Joy full return 

I Acknowledge the Kind and Ingenious Letter 
from Josiah and Erastus. Can have no time to Gitt 
any thing for Oliver or Concern my self with my 
Domestick business only if they want money for beeds (?) 
&c : they may have it from M' Huntington or Major 
Newton which I hope they will send up to you 

Dear heart Excuse my Hurry which has Em[ ? ] 

my Whole time since here and Encreases Every Day 

but my heart is the same towards you as before and 

hope to have a time to pour it out into your Boseme 

recounting the Toiles and Dangers I have born or 

meet you in Endless hapiness where our Conversation 

will be upon a better subject and more pleaseing 

farewell sweet heart Give my Love to my family and 

all friends 

Ever yours 

ROGER WOLCOTT* 

[Superscribed] To M"*^ Sarah Wolcott In Windsor 

These 



* Roger Wolcott's interesting journal while on this expedition against 
LrOuisbourg, covering the period from May 30 to July 30, 1745, is in pos- 
session of the Connecticut Historical Society and was printed in the first 
volume of its Collections. In addition to the daily record of events it 
contains copies of the correspondence relative to the surrender, the ar- 
ticles of capitulation, and a short general account of the expedition. 



GEORGE CLINTON. — GURDON SALTONSTALL. 28 1 
GEORGE CLINTON TO JONATHAN LAW. 

New York 15"^ Ap' 1745 
Sir 

I have Just receivd an Authentick Account From 
the West Indies of the Arrival of the Chevalier de 
Cailus at Martinique with Seven Sail of Ships of War, 
Two of 74 Guns, two of 64, two of 56 and a Frigate 
of 36 Guns, with upwards of 20 Sail of Transports 
and 3600 Troops, with an Intent to make an Attack 
on some of the British Islands there ; And as I find 
the Intelligence of the Expedition now Carrying on 
ag"^ Cape Breton is generally spread in those Parts, 
It is very probable that French Commander will not 
be long without the Account, which I apprehend may 
divert the thoughts of his Original Intentions, to come 
to the Defence of that Place ; and in Case the Eng- 
lish Forces Should be Defeated, It highly behoves all 
the Governments upon this Continent to consider well 
what may be the Consequences of such an Event : 
I have therefore thought it necessary to give You 
this Information, that You may be upon Your Guard, 
and in readiness not only to Defend Yourselves, but 
to assist Your Neighbours with Your utmost Force 
both by Sea & Land, in Case of Need. 
■ I am Sir 

Your most obedient 
Servant ■ 

G CLINTON 
The Hon^''' JoN'^ Law Esq'' 

GURDON SALTONSTALL* TO JONATHAN LAW. 

New Lond" April 17. 1745 
Hofi^^' Sir 

Pardon the trouble I now give You : since its 
only to advise your Hon' that Maj' Gen Wolcott 

*See Talcott Papers, II, 364 {Collections, V.) 



282 LAW PAPERS. 

with the Fleet &c under his Command, was under Sail 
at 12 Clock last Sabbath, all in good Circumstances, 
& had a fine Time out to Sea & the Gen' hoisted 
his Flagg at the Mainmast head, of the vSloop De- 
fence. The Sloop Tartar Join'd the Fleet some days 
before they saild. the Gov' of Rhode Ish^ furnish no 
Land men. & the Tartar returns from Cape Breton 
with all Speed. I was oblig'd to hire the 7"' Trans- 
port, being a Brig" 104 Tons, y*^ arriv'd from Bar- 
bados last week, all the Transports were but sufi- 
cient The Regim' scarce want'' a man 

I am y'' Hon'". 

Most Dutf Hum Serv 
G. SALTONSTALL 

To The Hon'^ JoN^ Law Esq^ Gov' 

[Superscribed] The Hon'''*-^ Jonathan Law Esq"" Gov- 
ernour of Connecticutt att Milford 

[Indorsed] Coll' Saltonstall's Lett April 1745 



JOHN STODDARD + TO WILLIAM SHIRLEY. 
Extract of a Letter from Colo Stoddard. 

North Hampton Apr' 24. 1745. 
Sir, 

I having no prospect of an Opportunity speedily 

have sent a man to carry my Letters. I have waited 

several days expecting News from Albany, Cap' Shel- 

den returned from thence Yesterday, he brought me 

no Letters, he tells me that M' Lydias purposed this 



•j-John Stoddard, born Feb. 7, 1682, was perhaps the most important 
man in Northampton, Mass., during his lifelong residence in that town. 
He held many positions of importance, was Colonel, commander-in-chief 
of the Western Department of Massachusetts, representative, councillor, 
justice of the common pleas and superior courts, was frequently employed 
in negotiations with the Indians. He died June 15, 1748. 



WILLIAM SHIRLEY. 283 

week to write to me concerning the Difficulties they 
have about the Six Nations, & the danger of loos- 
ing them 

Cap* Shelden tells me that those Nations have 
not hunted this Spring, neither are they likely to 
plant, their Chiefs are going to Canada to wait on 
the Gov'' & notwithstanding all the Commissioners 
can say to them there still remains a Suspicion that 
the English & Dutch had formed a Design to de- 
stroy them & besides what the Governour of Canada 
has said to them, Some English or Dutchman has 
told them that we had designed their Ruin, but the 
Commissioners (for some reason) had declined to en- 
quire of them who it was. These people are very 
numerous, & if they should be drawn to the french 
Interest they will be worse to Us than all Canada. 

It seems to me unsafe for us to lie still & use 
no Endeavours to free them from their Jealousies, 
they are so distrustful of the Dutch that it may be 
difficult for them to pacify those Nations. 

I propose to your Excellency whether it would 
not be worth while to send Cap* Martin Kellog of 
Newington amongst them, he is a man of Good under- 
standing, has formerly been very conversant amongst 
them, he speaks their -Language, & I can't but hope 
that his going may have a good effect at this Crit- 
ical Conjuncture. 



WILLIAM SHIRLEY TO JONATHAN LAW. 

Boston April 27. 1745 
Sir, 

I wrote to your Honour the eighteenth of March 
last to move you to send Succours from your Govern- 



284 LAW PAPERS. 

ment into the County of Hampshire, to which you 
sent me a favourable Answer But I understand the 
Matter is not yet complied with : I refer you to my 
Letter for the reasons of my pressing this Matter as 
a thing- of the greatest moment, I have lately received 
Advices from Col° Stoddard which I now inclose to 
you, which represent the State of Our Affairs to be 
such as to require your immediate Assistance. And 
you will give me Leave to tell your Honour that if 
your Succours are to be raised & sent, after any Blow 
is struck, It will be of little vService in Comparison 
of a Force ready upon the Spot to recieve & repel 
the Enemy, I must therefore repeat my Instances 
that no Time may be lost but that your Succours 
may be sent into the County of Hampshire as soon 
as possible 

I am Sir, 

Your Honour's 

Most Humble Serv* 

W SHIRLEY 

The hon'^'^'' Jonathan Law Esq' 



WILLIAM SHIRLEY TO JONATHAN LAW. 

Boston April 27. 1745. 
Sir 

Having by means of one Robert Clarke the Bearer 
got Intelligence that John Scions, Joseph Boyce, and 
one Bosworth conceal themselves at and near a Place 
called the Oblong in New York Government & some- 
times in your Government that borders thereupon 
occasions my present Writing to your Honour. 

They are men that have been Guilty of enormous 



WILLIAM SHIRLEY 285 

Crimes in this Government having been two of them 
tried and convicted at Salem for forging- & Emitting 
Counterfeit Bills of Credit & upon praying the Same 
had the Benefit of their Clergy* allowed them since 
which upon perpetrating fresh Crimes of the like 
Nature they were taken & Committed to Salem Goal 
from whence they escaped & have for the most part 
with their Associates & others that joined, ever since 
continued the like Practices so as to be a Pest to 
this & the Adjoining Government 

It is expected they will be taken in New York 
Government or Yours & the Bearer who has been so 
instrumental in discovering them is resolved to Act 
every thing in his power for the taking & convicting 
of them & therefore what is in your Power for coun- 
tenancing, protecting or Assisting him in the Doing 
thereof without Question will be complyed with on 
your part. The Heads of this Confederacy have been 
bold & daring in their Villanies and have practised 
the same hitherto with so much success that it will 
be next to impossible to Suppress this great Mischief 
without Suppressing them and therefore what is in 
your Power to do towards it without Question will 
be complyed with 

I am your Honour's 

W SHIRLEY 

The Hon*^'^ Jonathan Law Esq' 



• In old English law the exemption of the persons of ecclesiastics from 
criminal process before a secular judge ; or a privilege by which a clerk, 
or person in orders, claimed to be delivered to his ordinary to purge 
himself of, felony. This anamolous privilege (which never extended to all 
crimes), first assumed to give immunity to priestly persons, was in the 
sequel, extended for many offences, to all laymen who could read. Cen 
tury Dictionary, 



286 LAW PAPERS. 

SUMMONS TO SURRENDER LOUISBOURG.* 
Copy of the Summons sent in to Louisbourg. May V" 1745. 

Camp before Louisbourg May f^ 1745 

Whereas there is now encamped upon the Island 
of Cape Breton near the City of Louisbourg, a Num- 
ber of his Brittanic Majesty's Troops under the Com- 
mand of the Hon''''' Lieu^ Gen' Pepperrell, and also a 
Squadron of his said Majesty's Ships of War under 
the Command of the Hon^'''' Peter Warren Esq'' is 
now lying before the Harbour of said City for the 
Reduction thereof to the Obedience of the Crown of 
Great Brittain. 

We the said Will™ Pepperrell and Peter Warren 
to prevent the Effusion of Christian Blood do, in the 
Name of our Sovereign Lord George the Second of 
Great Brittain France and Ireland King &c Summons 
you to surrender to his Obedience the said City, For- 
tresses, and Territories, together with the Artillery, 
Arms, and Stores of War thereunto belonging. In 
Consequence of which Surrender We the said Wil- 
liam Pepperrell and Peter Warren, in the name of 
our said vSovereign do assure you that all the Subjects 
of the French King, now in said City, and Territories 
shall be treated with the utmost Humanity ; have their 
personal Estates secured to them ; and have leave to 
transport themselves and said Effects to any part of 
the French Kings Dominions in Europe Your Answer 
hereto is demanded at or before five of the Clock 

this Afternoon. 

WM PEPPERELL 

P. WARREN 

To the Com"" in Chief of the French King's 
Troops in Louisbourg on the Island of Cape Breton. 
[Indorsed] Suihons To Louisbourg 

• Inclosed with Pepperrell's Letter to Shirley, May 12, 1745. 



MEMORIAL OF THE MOHEGAN INDIANS. 28/ 

MEMORIAL OF THE MOHEGAN INDIANS TO THE GENERAL 

ASSEMBLY. 

To y*" Honourable General Assembly of his maj- 
esties Colony of Connecticutt to be Conveand in Hart- 
ford y*^ Second thirsday of may Instant y* Humble 
Memorial of us Subscribers being Mohegon Indeans 
would Humbly observe to your Honours that we have 
allway and yet are faithfull frinds to S'' Colony in 
all things and Especialy in y*" Late Controvercy S''- 
to be between S' Colony and y'' Mohegon Indians 
and accordingly Expect your honours protection in all 
matters Reasonable which we have Had in times past 
for which we are thankfull and now may it please 
your Honours to Suffer us to Lay before your hon- 
ours our Distresed Circumstances M' James Harriss of 
N : London is Got in upon our Land as we are In- 
form'^ by a Lease for near or quite 20 years and we 
think very Much abuses us for yt he for bids us to 
fence any Land in y" Mohegon feald for wheat and 
will not Suffer us to Keep Cattle and will not plough 
our Land Nor Suffer any other person to plough for 
us and thretens to Send us to prison or Sell us to 
Sea if we Do not Intirly Submitt to his Goverment 
which we think is tiranacle if Not Diabolical 

and we would further observe that one Asa Harriss 
hath got into about 100 acres of y Mohegon field 
Next to trading Cove and Saith he hath a Leas of 
ye Same for 20 years of which None of y^ Indeans 
Knew any thing till after s'' Leas was obtained but 
Ben our Sacham who we think hath no Right to 
Leas our Lands without our Leave and we are In- 
formed that S'' James Informed Sam" Lynd and Jn° 
Richards Esqr" our oversears that we ware Willing 
that S'^ Asa Should have S'' Leas which is altogether 
false we are Informed that S'' Asa is to plough one 



288 LAW PAPERS. 

acre of Land for y' Indeans Every year for Rent of 
S'^ Land which we think is but a Small Rent for a 
Hundred acres of Land and S'' Asa Hath Built Con- 
siderable fence on S'' Land and ploughed up Consider- 
able of S'' Land and Cutt Down a vast Deal of tim- 
ber on S'' Land for House timber and is a bout to 
build a House on S** Land and also Hath Cutt a Con- 
siderable timber for Bark by all which Doings of y® 
s'' Harrises we are Exceedingly Distressed impover- 
ished and allmost undone and Can by no Means Live 
and Support our Selves and families for we Cannot 
Go a Hunting because of y'' war unless we Joyn 
with y'' Enemies of this Colony which we Cannot Do 
and have there fore Need to improve our Land which 
we Cannot Do for y- Reasons afore S'^ we therefore 
pray your honours to Consider our Case and Grant 
us Releaf in Some way as your honours Shall think 
Best and we as In Duty bound Shall Ever pray Dated 
in Mohegon May y^' 8"' Day A D 1745 

Benj-' L^ncas Ju'' 
Samson Occom 

his 

Samuel pie X 

marke 
his his 

Woanperneck X Caleb Clark X 

marfce marke 

his ^ his 

Joseph Pie X ' Ephraim Johnson X 

marke marke 

his 

Joshua Uncas X George Quaquaquod 

marke 

his his 

Zechariah Johnson X Henry Quaquaquod X 

marke marke 

his his 

John Uncas X Andrew tantapan X 

marke marke 

his 

John Dantuequesan Samuel Uncas X 

marke 



WILLIAM PEPPERRELL. 289 

his 

Moses mazzean Noali Cyhjoy X 

marke 
liis his 

Joseph Johnson X Simon tobiah X 

marke marke 

John Buel X 

marke 

[Indorsed] No 20 Memorial Mohegan Indians May 1745 



WILLIAM PEPPERRELL TO WILLIAM SHIRLEY.* 

May it please your Excellency 

The Letter herewith Inclosed Contains an account 
of the State of the army during our stay at Canso 
since which a more agreeable Scene has opened. I 
have now the pleasure to Inform your Excellency, that 
on the 29"' ult" AVe set sail from thence in hopes of 
reaching Chapperauge Bay that night, but the wind 
failing Rendered it impossible, and Obliged us to lay 
asside the thoughts of a surprize, the next mornino- 
about Eight aClock We were off the mouth of the 
Bay upon which the Enemy made an Alarm by firing 
off a number of their Cannon We came to Anchor 
with all Expedition & tho it was a Difficult time de- 
termind immediately to Land the Troops under Cover 
of Fletchers, Bosch's & Sanders Guns. A party of 
about 150 of the Enemy Sallyd out to Annoy our 
Landing who were well received by the Boats first 
on Shore who kill'd Six or seven & took as many 
prisoners (among whom were some persons of Dis- 
tinction) without Loss of any on our Side & one or 
two Slightly wounded, the Enemy soon retreating to 
the Garrison. We landed about 2000 men the first 



* Inclosed with Shirley's Letter to Law of May iS, 1745. 
19 



290 LAW PAPERS. 

day during which time the Enemy Burnt a number 
of Houses between the Town and Grand Battery, & 
sunk some Vessells in the Harbour the next day 
Landed tlie Remainder of the Troops & proceeded to 
put the Army into a proper Disposition for such opper- 
ation as should be found most Expedient. 

Next morning found that the Enemy had De- 
serted the Grand Battery in a very precipitate man- 
ner having Spik'd up the Guns but left the Trun[ ] 
on & many of the Carriages whole and a Quantity 
of vShot upon which immediately ordered a Regiment 
there, the Union Flagg to be hoisted & Workmen to 
Drill the Cannon who soon got several of them Cleared, 
and turn'd them on the Town with good Success, 
almost every Shot lodging within the Town & a Con- 
siderable Number among which was the 3'' 4'' & 5'' 
fell into the Roof of the Citadell. We have now got 
about Twenty of them ready for service four only 
of which can bring to bear upon the Town most of 
the others Command the mouth of the Harbour, hope 
soon to get the whole number Drill'd which will be 
Twenty five 42 pounders & two 18 pounders, three of 
the 42 Pounders being vSplit, Cannot Conceive of any 
Reason why the [ ] should Desert so fine a For- 

tification but Extrem want of men, the Enemy re- 
turn Our Fire from thence with some Cannon & more 
Bombs some of which have Shatter'd part of the 
Wall & Buildings but hurt none of our men. The 
Landing & Transporting of the artillery & vStores prove 
very Difficult have got the small mortars & Cohorns 
to a hill about Four hundred yards Distance from the 
Town and y'' large one to another Hill near that from 
wh[ ] have thrown some Bombs into the Town, 
but the Bed of the large one me[ ] our Chieff 
Dependance is has twice given way & put us to Dif- 



WILILAM TEPPERRELL. 29 1 

ficulty. The Enemy have twice Sally'd out towards 
that Battery but were Repuls'd by the Detachment 
posted for the Security thereof without Loss on our 
side & only one man wounded but by some Cannon 
they have turn'd upon it from the Town We have 
had one man killed & 2 or 3 Wounded We have 
also thrown up a Fascine Battery at the West part 
of the Town where Expect this night to have mounted 
the Eight 22 pounders, on the 7*'' Instance by Advice 
of the Council at which had the pleasure of Com- 
modore Warrens presence a summons was sent in to 
the Commanding officer at Louisbourg Copy of which 
with the answer have Inclos'd, upon which Determin'd 
to proceed in the most Vigorous manner and to at- 
tack the Island Battery in Boats the first favourable 
oppertunity to the assistance of which Comodore Warren 
offered to send a number of his vSailors & marines 
but as yet have not had oppertunity to prosecute it 
I had the pleasure of meeting Commodore Warren on 
my passage to Chapperouge Bay who assured me of 
his readyness to Contribute to his Utmost in any Shape 
for the good of the Expedition and since our Land- 
ing he has been so good as to come on Shoar with 
the kindest offers of the same which are very Accept- 
able and Engaging, yesterday I received your Excel- 
lencys Letters of 10*'' & 22'' Ult" by Express from 
Canso Capt Bradford being Detained there by the Loss 
of his Boom delivered to Comodore Warren his In- 
closed Packetts, what relates to that Gent" in your 
Excellencys Letters is perfectly agreeable to me. I 
shall on all occasions be fond of the assistance & 
advice of a Gent" whose generous Attachment to the 
Welfare of the Colonies in General and this Expe- 
dition in Special added to his Well known personal 
merrit in his active & Successful Service of our nation 



292 



LAW PAPERS. 



intitles him to the highest Esteem and Regard from 
every well Wisher to new England I had before the 
receipt of yours wrote to Capt Tyng that he should 
with the Vessells under his Direction wait upon the 
Commodore for his orders & strictly to observe the 
same have Acquainted him of your orders to me re- 
lating to sending Smethurst to new England I make 
no Doubt of His majesty & the ministrys Intire Ap- 
probation of your Excellencys Conduct in setting on 
foot this Expedition & that they will support it but 
hope we may accomplish our Design without Waiting 
for any Additional Force from thence I imagine it 
would be fruitless to send to Annapolis for any part 
of their strength at a time when they may Apprehend 
themselves in Danger of a Seige, Col. Moulton has 
Joyned us with the Detachment sent to St Peters hav- 
ing Destroyed that Settlement taken some plunder & 
prisoners burnt four Schooners & brought off one he 
lost one man & had one wounded y' greater part of 
the Inhabitants made their escape, have also Advice 
from Capt Donahew of his Return with Beckett from 
the Bay Vert, in going up the gutt he met with a 
party of Indians upon which Capt' Jacques & vStani- 
ford with their Companys going on the Shore tho 
Contrary to orders, the former had the misfortune to 
be killed & one other wounded, the Indians were Beat 
off without other Loss on our part in the Bay of 
Vert he took two small Vessells that were Empty the 
others were halted up where he could not come at 
them he Burnt a Considerable number of Houses and 
Birch Cannoes but was not so fortunate as to meet 
with any further Success. I find Capperaug Bay a fine 
Harbour for the Transports which have ordered to Re- 
main their under the Care of Capt Saunders should 
have Dispatcht a Vesell to your Excellency imme- 



WILLIAM rEPPERRELL. 295 

diately upon our Success at the Grand Battery but the 
Wind has proved Contrary and I was in hopes of 
being able to give your Excellency an account of some 
Addition to our acquisitions 

By Advice of the Council this Day have Deter- 
mined to Incamp in a Regular manner near the north- 
east Harbour & throw up a Battery there & mount 
the new york Train of Artillery and some of the Guns 
from the Grand Battery and to leave one Regiment 
at the Grand Battery to Support & Repair it which 
may be soon done in such a manner that 200 men 
will Defend it against 2000 & with that & the other 
Battery proposed imagine that we may Command the 
Harbour against everything that will Attempt to get 
in & by posting two Regiments to protect the Bat- 
tery on the West Side and Intercept any Recruits 
getting in by Land we shall intirel}^ cut off any Com- 
munication with the Town as it has been Judged not 
advisable to attempt the storming the Town at pres- 
ent and as a Considerable reinforcement may be Daily 
Expected by the Enemy from Canady as well as Force 
from France which it is possible may find means to 
get in. I am advised by the Council to move to your 
Excellency the Sending us a Reinforcement of a Thou- 
sand men also another large mortar and a number of 
Shells & spare bed for the large mortar, shall send 
up fourteen Transports under Convoy of Capt Smethurst 
for that purpose & by him & them shall [ ] 

the prisoners a List of which have Inclosed, am much 
obliged to your Excellency for your Care in Regard 
to us I have just reced yours of 23^^ which Capt Don- 
ahew brought down from Canso by whom am Informed 
that five of the Vessells with provisions for the army 
are arrived there having narrowly Escaped the French 
Ship that has been upon the Coast some time who 



294 LAW PAPERS. 

had obliged one of them to strike which afterwards 
Escaped by meeting with Rouse who to prevent the 
Transports falling into the Enemys hands gave the 
Ship opportunity to Chase him by which means those 
of them got Safe to Canso am fearfull that one or 
both the other are taken the French Ship having 
made use of our Signals for a Decoy have not yet 
heard further of Rous, hope Capt Cutter will be able 
to give you a good account of him by this opper- 
tunity have desired Commodore Warren to send up 
a Convoy to Canso to bring down the provision Ves- 
sells there, shall write your Excellency again by Capt 
Smehurst whom I Expect will be here very soon in 
the mean time must pray that multiplicity of Busi- 
ness may Excuse what is wanting in this 
I am with all Duty 

your Excellencys most Obed' 
humble Servant 



WILLIAM PEPPE:^ILL 



Camp before Louisbourg 
May 12*'^ 1/45 



I have had great Satisfaction in the Conduct & 
Vigilence of the Gen' Officers & Col Bradstreet I hope 
all the others will merrit the Thanks of their Coun- 
trey there was a scout Contrary to orders vStragled & 
Eighteen of them was killed there is near two hun- 
dred of our Soldiers taken sick since the Inclosed 
List was taken 

His Excy Gov' Shirley 

Copy Examined ^p J Willard Secry 

[Indorsed] Lieu' Gen'^' Letter Copy 



WILLIAM SHIRLEY 295 

WILLIAM SHIRLEY TO JONATHAN LAW. 

Boston May i8. 1745 
Sir, 

I have now the Pleasure to congratulate your Hon- 
our upon the favour of Divine Providence towards us 
in our undertaking for the Reduction of Cape Breton, 
in the Advantages we have already obtained against 
the Enemy & the Prospects we have of further Suc- 
cess; and you will have a greater Share of Satisfac- 
tion herein as your Governm'^ has taken upon them- 
selves some part of the Charge & Burthen of this Ex- 
pedition : But both the General & Commodore Warren 
press earnestly for a Reinforcem* of Troops, for which 
my principal Dependence is on the Goverm'' of New 
Hampshire & Connecticut ; I do therefore desire that 
you would supply what Force you possibly can, & that 
without the least Delay : And that herein you would 
consider the vast Expence this Province has been al- 
ready at ; for besides that our Quota of Troops does 
greatly exceed yours in proportion to our Numbers 
& Estate, if you will add our large Naval Force, our 
Train of Artillery, the Powder & other Stores of War 
& Implements for the same, & many other Charges 
for the Advantage of the P'orces in general w''' this 
Province will bear alone, I question whether the Charge 
of your Colony will amount to much more than one 
tenth Part of ours in the Proportion I before men- 
tioned: And therefore I hope your Governm' will fur- 
nish five hundred Troops more for this Service at 
least. I have inclosed you a Copy of my last Let- 
ter from General Pepperrell, by which you will find 
that we are at the very Crisis of this Affair, & that 
the least Loss of time may prove fatal. And if you 
will let me know when your Recruits will be ready 
I will take Care that you shall be furnished with suf- 
ficient Convoy for them. 



296 LAW PAPERS. 

I must earnestly press your Honour to give Or- 
ders for the Dispatch of the Vessels in your Colony 
loaded with Provisions for this Place, that so we may 
have sufficient to supply our Forces, which is a Mat- 
ter of very great Moment. I must also entreat you to 
forward the Letters to .the other Governours by Ex- 
press to Governour Clinton without Delay 

I am Sir, 

Your Honours obedient 

humble Servant 
W SHIRLEY 
The hon^'"' Jonathan Law Esq'. 

JONATHAN LAW TO WILLIAM SHIRLEY.* 

Th[ ] morning I Rec'' your favour of The 18"' 
Instant, Enclosing The General's Account of the Ad- 
vantages already obtained ag' our Enemies at Cape 
Breton, & the Prospects given us of further Success, 
w'"" is matter of Pleasure to & should Excite Thankful- 
ness in all Engaged in it, or y' are well Wishers to 
The English Arms ; and In Answer to y'" General's 
Motion for a Reinforcement & y"' pressing Instance 
Therefor The General Assembly of this Colony have 
Come into a Resolve to raise 2 Companies of volun- 
tiers consisting of 100 Effective Men Each Exclusive 
of Comission officers to be Sent, on the Same En- 
couragement* as heretofore given and It is observed 
That General Pepperell, hath concluded to Send up 
14 Transports under Convoy of Cap' Smethust on pur- 
pose to vSend up Their prisoners & To Take The 
Recruits, It is Therefore Tho't best That our Troops 
should March by Land To Boston, and Embark There. 

* This draft, with the exception of the date line, is in the handwrit- 
ing of Jonathan Trumbull at this time one of the Assistants. It is much 
interlined and rewritten. 



JONATHAN LAW. 29/ 

and We can send our Stores & provisions There for 
Them, w''' may be The safest & most Expeditious 
method ; I have sent This Express to know when 
They may probably be Embarked there, what may be 
Expected from other Governments, and to give Assur" 
ance y"; the utmost Diligence shall be used to for- 
ward the Supply of the Numbers agreed upon here- 
and This comes with Expectation to have an Answer 
to it This Week. This Colony is Zealously Engaged 
in the Coihon Cause & I hope your Excellency will 
not Think us much wanting in our Undertakings in his 
Majesty's Service, w" you remember we have 600 al- 
ready men gone to Cape Breton, 200 Detached for 
y*" Service of N Y. 60 men for Hampshire County, 
and, y^ Therefore may serve to answer to your's of 
ye 27'ii of April last to Inform That Our General As- 
sembly has come into a Resolve fully Impowering 
The Com^'^'^' of War to Raise a Comp'' of 60 Effective 
men including Officers to Send into The County of 
Hampshire (w" on further Intelligence they shall Judge 
it Necessary) under The Direction of y"" Excellency 
To keep Garrison in y"' Line of Block houses between 
Connecticut River & y'' Dutch Settlem*' at Hoosuck 
& Scout There, provided The Province Victual & 
Support Such Soldiers during y'' Continuance in y*" 
Service afore'' ; I shall Take The most Effectual Meas- 
ures for The Dispatch of y" provision Vessels De- 
signed for Boston : We Shall probably want some 
powder and other Stores for The Recruits, w'*' doubt- 
less you'l Easily Secure for us ; 
I am S'' 

Your Excellency's 

most Obedient Hum*" Servant 

Hartford May 21'' AD: 1745. 
[Indorsed by Law] Copy of a Letter to Gov' Shirley 

May 1745 



298 LAW PAPERS. 

SAMUEL WELLES TO JONATHAN LAW. 

Boston, 24*'' May 1745. 

Honourable Sir, 

This Serves to accompany a Letter from M' Palmer 
in London, & to tell the unhappy news, that Cap* 
Craige is taken by the French & none of his letters 
arrived in London, & beyond all doubt, never will ; 
be sure I have no answer to mine nor any body else 
I can hear of ; I supposed it was best you Should have 
this Intellegence while the Court was sitting, & should 
have sent an express, if M'' Burnham who brings this 
had not promist me to deliver it to your Honour by 
Monday evening. We are in hourly expectation of news 
from Cape Breton, & hope it will be good, but have 
nothing yet but what is in all the prints, I am with 
my hearty Service to the Gentlemen of the Council 
& my other friends of the Court, 

vSir, Your obed' Hum' Serv* 

SAMUEL WELLES 
Govern'' Law, 



WILLIAM SHIRLEY TO JONATHAN LAW. 

Boston May 25. 1745. 
Sir, 

I have received Your Letter of the 21'* Listant, 
and in Answer to your Motion, that necessary Trans- 
ports with Convoy should be sent from hence to New 
London ; I must inform you, that those Vessels the 
General mentions, are not yet arrived here, but I ex- 
pect them every hour, and as soon as they shall ar- 
rive, I will Order the Convoy with a sufficient Num- 
ber of Transports to New London to recieve your 
Troops, And I beleive you may depend upon their 



WILLIAM SHIRLEY. — WILLIAM PEPPERRELL. 299 

being- there as soon as your Troops shall be ready 
to embarque 

I am Sir 

Your Honour's Obedient 
Humble Servant 

W SHIRLEY 

The Hon"*^ Jonathan Laws Esq''. 

[Indorsed] Gov'' Shirleys Letter May 25 1745 



WILLIAM PEPPERRELL TO PETER WWRREN. 

From the Camp May 31'' 1745 

This Comes to acknowledge the fav"" of Yours of 
the 29''' : and 30*'' Ins'' : * And I assure your Hon'' 
that it was not from any Disrespect to your opinion 
Given in the plans you Sent us that you had not our 
hearty Concurrence in them. You will remember that 
we Joyn'd with you in Making a General assault and 
that upon your perceiving the Dislike of the under 
officers you yourself wav'd it also we have pursued 
your opinion in Attempting the Island Battery as I 
■before wrote you and as to the rest you will not 
think a Difference in opinion by men that are to 
Judge in a Case is a Desrespect to Each other 

We have taken Such Care in our Camp that the 
Batterys Should be Guarded and Supply 'd with Stores 
and provision that it has been as Sufficiently done as 
if our Main Camp had been farther from where our 
Stores are Landed and Nearer our Battery, we have 
now ordered a Guard Camp and the rest to Encamp 



* Warren's letter of the 30th to Pepperrell, also one of the 31st, are 
printed in Massachusetts Historical Society, 6 Collections, X, 233, 236. 



300 LAW PAPERS. 

near the Stores and where our vSick and wounded 
may be Clear from the Shot of the Town 

Your proposal to Send Some Vessells to Boston 
with the Prisoners is Agreeable to me they being So 
numerous as to Exceed our men on board the Trans- 
ports and we have not Irons to vSecure them vSo that 
our men at the head of the Bay think themselves 
not Secure. Your Hon' will Consider if a General 
assault Should be made whether vSo many men as 
must be vSent Can be Spar'd but the}^ had as Good 
be Going With them as ly to Guard them here 

It was the opinion of those men with us that were 
acquainted with the Island Battery that the weather 
was favourable for the attempt So we proceeded and 
those who Came back don't Complain that they were 
defeated by the Surff but the Strength of the place 
and the darkness of the night by means of which 
Some of our boats Could not find the place 

It is true that the Town has been accounted Im- 
pregnable by vSea but we have now the Royal Bat- 
tery in possession and have play'd our Cannon from 
our Batterys So Successfully on the Circular Battery 
that we think we have Dismounted Several of their 
Guns, this we ar prosecuting and hope for farther 
Success 

We are forward with a Battry of Eighteen pounders 
on the Light house Side to play on the Island Bat- 
tery which we hope may be to Good purpose. I hear 
the Enemy have Laid a Boom before the Town to 
prevent Landing from the Ships 

Thus having Laid the True State of the Case 
before you ; Whether it may be proper to Bring in 
the Ships before the Town and with a force from 
thence in Conjunction with what Can be done on our 
part (which I assure you Shall be to the utmost) to 



WILLIAM PEPPERRELL. 3OI 

attempt the Reduction of it or not I Leave to your 
Determination who are best acquainted with afairs of 
this nature 

By mine to you of the Ins^ I Inform'd you of 
the State of the Land Forces Since which we have 
had an Engagement with the Enemy wherein we Lost 
Seven men among whom the Brave Cap' Dimeck 
was one and had thirty wounded this party of about 
one hundred and fifty were Design'd to throw them- 
selves into the Town or Distress our Camp but as 
the prisoners tell us are now Scattered and they have 
had about forty Kill'' and wounded. 

Your Hon' Will Consider what Number we Can 
afford you to assault the Town on the water Side 
Reserving a force Sufficient to Enter at the west Gate 
and to Secure our Camp if We Should not Succeed 

As your Hon'' observes we are happy in that we 
Can be Supply'd from you with powder : the Seige 
being drawn out to a Greater Length than was Ex- 
pected and the vStrength of the wall making it Nec- 
essary to Discharge So many Cannon has been the 
Cause of our want and I must farther tell you that 
we have no Ball for our Eighteen pounders vSo that 
the Battery on the Light house Side must be En- 
tirely useless unless we Can be Supply'' from you 

From the Considerations you have mentioned and 
from the Sickness in the Camp and our Exposedness 
in our Enemys Country to their Insults, I am of 
opinion the utmost Dispatch Should be Given and 
am resolved no thing on my part Shall be omitted 

I have Watched for an oppertunity to wait upon 
you on Board this morning I with the Gen" officers 
Set out for that purpose but were Lost in the fogg 
and 'so Returned Since the Coming on board is So un- 
certain if you would Honour us with your presence 



302 LAW PAPERS. 

here Which I vShould Greatly rejoyce in or if that 
Cannot be Send me your opinion it might prevent 
Delay I intend to Embrace the first oppertunity to 
Come on Board as it was before proposed 
[Indorsed] to Comodore Warren 



GEORGE CLINTON TO JONATHAN LAW. 

New York June lo*'' 1745 
Sir 

I Received Your favour of the Eighth Instant 
"c^ M'' Samuel Canfield whose Deposition I have this 
Day taken and on advising thereon with his Majesty's 
Council for this province Find that there is nothing 
Sworn by M' Canfeild on which a Warrant can be 
regularly granted All that he knows being by Hear- 
say. But as it is probable Seely hath or soon will 
have a perfect knowledge of all the proceedings I 
think it would be best to Get him into Your Govern- 
ment & there take his Affidavit of what he knows of 
his own knowledge in the presence of some person 
to be sent here who can testify that he saw the said 
Seely sworn. And I shall thereon issue my Warrant 
for the apprehending the persons accused I am 

s-- 

Your most hie Serv* 

G CLINTON 
To Jonathan Laws Esq'' 

[Indorsed] Gov' Clintons Letter June 10"' 1745 

WILLIAM SHIRLEY TO JONATHAN LAW. 

Boston 15 June 1745 
Sir, 

I have just now receiv'd Letters from General 
Pepperrell & Commodore Warren, by which I learn 



WILLIAM SHIRLEY. 303 

that altho' we have suffered some Loss of men (be- 
tween 100 & 200) in an Attack of the Island Battery, 
w''' miscarried, yet that we have obtained considerable 
Advantages ag'' the Enemy in taking several of their 
provision Vessels, & worsting them in some Skirmishes, 
our parties have had with them, & by the Intelli- 
gence they have reC' from Prisoners, w'^'' is confirmed 
by other Circumstances, the Enemy are short of Pro- 
visions & Ammunition, But as the Number of our 
Men there are not equal to the Greatness of the En- 
terprize, & therefore the Duty is heavy on the Offi- 
cers & Soldiers they press importunately for at least 
three thousand Land Troops as absolutely necessary 
to reinforce them, & a considerable Number of Sea- 
men for manning the vShip Vigilant ; And altho' the 
Land & Sea Forces need these Recruits, yet I still 
find the Officers full of Expectations of a happy Is- 
sue of this Affair, by the reduction of Louisburg ; & 
as the Success thereof is of the utmost Consequence 
to the best Interests of these provinces, and which 
(as I find by Letters, Commodore Warren has rec'' 
from the Ministry) his Majesty & his Ministers have 
much at heart ; I must therefore with great Earnest- 
ness press your Honour to have as many Soldiers & 
Seamen raised in your Colony as can possibly be spared 
& that without the least delay; & I do assure you 
that I find the Assembly were well spirited to sup- 
port the Expedition to their utmost, and that they 
will do all that they can to furnish the necessary 
Recruits, but it is not possible nor can be expected 
that we should answer these Demands of Recruits 
without very great Assistance from our Neighbors. 

We hear nothing of our Transports coming from 
Cape Breton, and are taking up fresh Transports for 
our own Troops here, & are afraid there will be a 



304 LAW PAPERS. 

Necessity for your doing the same, tho' we hope you 
may depend upon Convoy w''*' we expect every day 
from thence. 

It will be of great Consequence that I hear speedily 
from you for the Encouragement of our friends at 
Cape Breton. 

I am Sir, 

Your Honour's obedient 

humble Servant 

W SHIRLEY. 

P. S. I hope your honour will exert your self 
upon this Occasion ; it is the very Crisis of the fate 
of the Colonies of New England — I must press 3^ou 
in the Strongest manner to augment the number of 
your recruits ; and to imbark those already raised as 
soon as possible, as I shall begin to do thorout this 
Province. The Disappointment from the Transports 
not being sent by the General, as he propos'd is un- 
foreseen & unavoidable: pray don't let that be any 
obstacle in the case. The Quantity of ammunition I 
must now send down is exceeding great but we re- 
gard not Expence. 

The honourable Jonathan Law Esq"" 

PETER WARREN AND WILLIAM PEPPERRELL TO MR. 
DU CHAMBON. 

Copy Answer to N° 2 
Camp before LouiSBOURG [June 16, 1745] 

We have before us Yours of this Date together 
with the Several Articles of Capitulation, on which 
You have propos'd to Surre[ ] the Town and For- 
tifications of Louisbourg w^'' the Territories [ ] 



PETER WARREN. — WILLIAM PEPPERRELL. 305 

Under Your Governm' to his Britanick Majesty's Obe- 
dience to be delivered up to his s'^ Majestys Forces 
now besieging s'' p[ ] Under our Command, which 
Articles We can by no means concede to — But as 
we are desirous to treat You in a G[ ] Man- 

ner We do again make You an Offer of the Terms of 
Surrend[ ] propos'd by us in Summons sent You 
7"' May Last and do [ . ] Consent to Allow 

and promise You the following Articles. 

First That if Your own Vessells shall be found 
insufficient for [ ] Transportation of Your persons 
and propos'd Effects to France We will provide such 
a further Number of Vessells as may be Sufficient 
for that purpose, allso any provisions necessary for the 
Voyage, that You Cannot furnish Your selves with. 

Secondly That all the Commission Officers be- 
longing to the Garrison, and Inhabitants of the Towne 
ma}^ remain in their Houses [ ] their Families, 
and enjoy the Free exercise of their Religion, and 
no person .shall be Suffered to Misuse or Molest any 
of them untill such Time as they can be conven- 
iently transported to [ ]anc[ ] 

Thirdly That the non Commission Officers & vSol- 
diers shall Immediately up[ ] the Surrender of the 
Town & Fortress be put on board Some of his [ ] 
tanick Majestys Ships till they can allso be transported 
to France 

Fourthly That all Your sick & wounded shall be 
taken tender Care of in the Same manner with our 
Own. 

Fifthly That the Commander in Chief now in the 
Garrison shall have Liberty to send off Two Covered 
Waggons, to be Inspected only by One Officer of 
Ours, that no Warlike Stores may be Contained therein. 

Sixthly That if there are any persons in the Town 



306 LAW PAPERS. 

or Garrison, w'''' you shall desire may not be Seen by 
Us, they shall be permitted to go off masked. 

The above We do consent to, and promise, upon 
Your Complyance w*^ the Following Conditions — Viz^ — 

First That the, said Surrender, and due perform- 
ance of every part of the afores'' premises be made 
and Compleated as soon as possible. 

[ ]ondly That as a Security for the punctual 
performance of the Same the Island Battery or One 
of the Batteries of the Town^^^shall be delivered, with 
all the Artillery and Warlike Stores thereto belong- 
ing, into the possession of his Britanick Majesty's 
Troops, before Six o* the Clock this Afternoon. 

Thirdly That his s'^ Britanick Majestys Ships of 
War, now lying before the port, shall be permitted 
to enter the Harbour of Louisbourg, without any Mol- 
estation, as soon after Six of the Clock this after- 
noon As the Commander in Chief of s^' Ships shall 
think fit. 

Fourthly That none of the Officers, Soldiers, nor 
Inhabitants in Louisbourg, who are Subjects of the 
French King shall take up Arms against his Britanick 
Majesty or any [ ] his Allies, untill after the Ex- 
piration of the full Term of Twelve months from this 
Time. 

Fifthly That all Subjects of his Britanick Majesty, 
who are now prisoners w"' You Shall be Immediately 
delivered up to us. 

In Case of Your non Complyance w"' these Con- 
ditions We decline any further Treaty w"' You on the 
Affair and vShall decide the Matter by Our Arms. 

P WARREN W PEPPER[ ] 
M^ DUCHAMBON Gov' of Louisbourg 

[Indorsed] Articles att Louisbourg 1745 



WILLIAM PEPPERRELL. — WILLIAM SHIRLEY. 307 
WILLIAM PEPPERRELL TO MR. DU CHAMBON 

Copy Answer to N° 3. 

Camp before Louiskourg 

June 16. 1745. 
S' 

T have yours by an hostage signifying your Con- 
sent to the vSurrender of the Town and Fortresses of 
Louisbourg and Territories adjacent &c on the Terms 
this Day proposed to you by Com' Warren & my self, 
excepting only that you Desire your Troops may 
march out of ye Garrison with their Arms and Col- 
ours, to be then delivered into our Custody, till said 
Troops arrive in France, at which Time to have them 
returned to them, which I consent to, and send you 
an hostage, for y security of the performance of what 
we have promised, and have sent to Commodore War- 
ren, that if he consents to it also, he would send a 
Detachment on shoar to take possession of the Island 
Battery. 

WM PEPPERELL. 
Mr Du Cham BON &c at Louisbourg 

WILLIAM SHIRLEY TO JONATHAN LAW 
Sir, 
Upon further Consideration of the great Neces- 
sity of giving the utmost Dispatch to our new raised 
Troops for the Expedition against Cape Breton, I do 
most earnestly desire that you would send those you 
have raised without Loss of Time to Nantasket, where 
they will be ready for Our Convoy which We daily 
expect from Cape Breton, & if upon her Arrival here 
she must make a Voyage to Connecticutt for your 
Transports, it will occasion such a Delay as may prove 
of mischevous Consequence to the Grand Affair ; and 
therefore I beg you would be expeditious in this Busi- 



3o8 LAW PAPERS. 

ness, for I hope to have some hundreds of men to 
embark by the latter End of this Week ; I must de- 
pend upon your augmenting- the Number of your 
Troops last voted, but that must not hinder the Dis- 
patch of those you have ready. 

I am Sir 

Your Honour's Obed' 

Humble servant 
W SHIRLEY. 
Boston June 17. 1745. 
We hire Transports for our own Troops. If any 
should come from the General unexpectedly ; we will 
accomodate your Troops w^'' you shall hereafter raise 
with 'em. 

The Hon^''^^ Gov^ Law. 



JOHN PRENTIS TO JONATHAN LAW 

Lewisburg June 18"' 1745. 
May it please y Hoii" 

These Comes with the good News of our being 
in posesion of Lewisburg and all there fortreses 
by Capitulation they Surendred up the Town Last 
munday and are to march out with all theare Bag- 
o-ao-e I have been att the Taken of S* Ans and nig- 
onesh about 30 Legg N. N. W. from Lewisburg and 
burning about one hundred houses by orders from the 
Comodor. I this morning had the pleasor to bring in 
to Lewisburg a ship of about Two hundred Tuns and 
Twelve guns Loaden with wine and Stores for Can- 
ada we have Taken the Leviglant of 64 guns a man 
of war from france and a priveteer Ship of 24 guns 
and a hundred an fifty men and Severall other Ships 
Brigantines and other Small vesells ; Lewisburg proves 
much Stronger then represented att New England 
we Expect three 60 gun ships from france and a fleet 



JOHN PRENTIS. 



309 



other ships, my men are all well and in high Spirits. 
The french are Very Kind in sending us wine Brandy 
and other Stores, which we Drink with a great deall 
of pleasure. I Hope it will not be long before we 
shall be masters of the whole Country having gott 
the most Considrable all ready I am now Cleaning 
my Vesell by order of the Comodor for Crusing on 
the Coast but Cant Tell wheare I am bound or when 
I shall be at home being put under Comodor war- 
rens by Genr'^ Wolcot we have Eleven men of war 
now in Lewisburg harbor, I shall give you an ac 
of them 

Number guns 

60 guns 
60 D° 
60 D° 
60 D° 
64 D" 



Ships names 


I. 


Superbe 


2. 


Princes Mary 


3- 


Sunderland 


4- 


Canturbury 


5- 


Levigilant 


6. 


Chester 


7- 


Hector 


8. 


Eltham 


9- 


Lanceston 


10. 


Mermaide 


1 1. 


Larke 



Cap' Names 

Comodor Waren 

Cap*^ Edwards 

Capt 

Cap^ Hore 

Cap* Douglass 

french prize 
Cap* Gerey 
Cap* Cornwall 
Cap* Durell 
Cap* Calmady 
Cap* Mountrine 
Cap* 



50 D° 
40 D'^ 
40 D" 
40 D'^ 
40 D"^ 
40 D'^ 

all the above ships were bound in to the harbor 
the first wind had not they Surendred as they Did 
by a Councell of war held on board the Superbe. 
from y'' most Obedient 

Humble Serv* 

JOHN PRENTIS 
[Superscribed] On His Majestys service To The Hon^'® 
Jonathan Law Esq'' in Milford Conecticutt in New 
England via Boston. 
[Indorsed] Cap* Prentice June 18 1745 



310 LAW PAPERS. 

WILLIAM SHIRLEY TO JONATHAN LAW. 

Boston June i8. 1745 
Sir; 

Since my Letter last Night Capt Snelling is ar- 
rived here, who acquaints me that there are twenty 
five Transports coming from Cape Breton, which he 
left two days ago, so that I look for them every Min- 
ute, & as soon as they arrive I shall send a suffi- 
cient Number of them to New London for your 
Troops ; This I think proper to inform you of by 
Express to prevent any Trouble that my last might 
occasion to you. I must entreat you to hasten your 
Recruits, & do every thing to prevail on your Assem- 
bly to make large Augmentations of them ; I hope to 
have at least five hundred Men ready by the End of 
this Week. 

Capt Snelling tells me that the Chester a 50 Gun 
Ship was arriv'd from England, & three more hourly 
expected, so that we shall have a strong Naval Force ; 
And I understand that the Officers both by Sea & 
Land, & Soldiers & Seamen are full of Spirits. 

I am Sir, 

Your Honours obedient 
humble Servant 
W SHIRLEY 

Hon^'« Gov^ Law 

[Indorsed] Gov' Shirleys Letter & Rpy to him June 

20"' 1745 

SAMUEL CHAPMAN TO JONATHAN LAW 

Hartford June 18*'' 1745 
Honour abel S ': 

After I Reed your Comiscon to Inlist men For 

the Present Expedition to Cape breton I Consulted 

With Sundry of the members of the Assembly Wheere 



SAMUEL CHAPMAN. 3II 

It Was most Proper to Raise my men And I Was 
Advised to Raise A part of them Neere my Selfe 
and the other part Neere Ajasent to my LeP" and 
Ensg-ne Persuant to which I Proseded to take the 
money out of the tresury to pay to Each man His 
three ponds primom and I Sent by the Hand of Coin" 
Fitch of Norwalk Lef" Borlews (?) Comision With 
Ninty Nine pounds of the money I Had Reed And 
A Worant to Inlist thirty three men and I AUso 
proseded In the Same maner With my Ensg" And I 
Have my Self Inlisted thirty four men Expecting 
that my LeP" And Ensg" Would Inlist thirty three 
Each — And Engs" Porish persuet to my orders En- 
forms me that He Heth Inlisted the Number Asignd 
to Him And As to Lef" Borlow I Cant Learn that 
He Is yet Returnd from Boston or that i\.ny person 
In his Absence Is Doing Any thing In the Affaire 
— Wherefore I Have Given Eng'" Porish orders to 
Receive the money I Sent By Coin" Fitch and prosed 
to Inlist the number of men Asignd to Lef" Borlow 
unles He vShould be Retnd and on that Buisnes Him- 
self or Som other Person Apinted Allready In His 
place proseding in the Buisnes — 

your Honour Will Consider myself As Being Att 
Such A Distance that I Cant often Heere How the 
mater is Caried on and Let me Heere As you Shall 
Have opertunity And When you Shall Give your or- 
ders for our march Let my Lef'" And Engsn Heer 
from your Honour as my Selfe — 

This In Hast From your Willing 
And obedient Servat 

SAMLL CHAPMAN Cap'^'^ 

[Superscribed] To The Honorabel Jonathan Law 
Esq"" Living in Millford 

[Indorsed] Cap' Chapman June 18 1745 



312 LAW PAPERS. 

JONATHAN LAW TO WILLIAM vSHIRLEY. 

„^ MiLFORD June 19"' 1745 

Saturday night was Sennit a Justice of peace on 
our western Borders informed me of one who Con- 
trived to Expose young Boyce and others to be taken 
in y^ Very act of using y'' Counterfeit plates in a Cer- 
tain Swamp in y® oblong on tuesday following but it 
b[ ]ing out of this Gover'"^ I sent y^ Justice directly 
to Gov' Clinton to Inform of y*" Stratagem thinking 
nothing was wanting but an authority & assistance 
Sufficient would readily be had of our people within 
ten miles of y'' Spot, he Shewed me two rhoad island 
XX' bills one with Divers mistakes in it y" other with 
those errors in y'' plate rectified taken of y"' day be- 
fore, and y'' Justice returned with a .Letter y" Gov"" 
Signifying y* y* Council were of opinion y' y'' was 
no foundation for a warrant, y*" Justice being able to 
Sware only to here Says but y"" undertaker had found 
y*" plates a 20^" Rh and an half a Crown Plate & a 
N. Y. plate of 20' not perfectly Compleated, Press 
cloths and other implements &c : Sends them over y*" 
Line, Decoys Boyce & one Hurlburt a partner into 
y' Edge of this Gov""' Seizeth them & they are in 
N. Haven Goal Hurlburt Confesseth himself Guilty 
and accuseth 22 persons as Confederate with them 
Boyce'' father & Scions were transported through this 
Gov™* to you vSome time vSince. 

So far as I can Learn our troops have been En- 
listed a Considerable time since when y*" transports are 
Likely to be here shall Exspect Speedy Information. 

In hast ask your Excellencys pardon for this 
trouble & Conclude as your Humble Servant 

rn r^ r cy T LAW 

To Gov' vShirley -* 

[Indorsed] Copy of a Letter to Gov"" Shirley June 19 
1745 



GURDON SALTONSTALL. 313 

GURDON SALTONSTALL TO JONATHAN LAW. 

New London June 19"' 1745 
Hon'''' Sir 

Since you was pleas'd to intimate att Hartford in 
May last, that on your return to Milford, You would 
give Orders to Cap*^ Titus Hurlbut, to detatch 20 men 
for the service of the Battery, to be on the footing 
they were last Summer. And he now tells me he has 
none of Your Commands relating to such detachm*. I 
therefore presume to hint this matter to your Honour, 
apprehending through the multiplicity of Publick af- 
fairs, it may have slipt your thoughts. And would 
with all submission hope your Honour will give such 
Orders relating to the premises as You in Your Wis- 
dom think best. Not doubting, but wee vshall have a 
fresh Instance of Your Paternal care, of the Town 
and Port of New London. I am 

Y' Hon'" Most Ob' 
Hum'*^ Serv' 

G: SALTONSTALL 

To the Hon'''*^' Jonath^ Law Esq"' Gov'' 

[Superscribed] On His Maj'>' Service To The Hon''"^ 
Jonathan Law Esq' Governour of Connecticutt 
att Milford 

[Indorsed] Coll' Saltonstall June 1745 

WILLIAM PEPPERRELL TO JONATHAN LAW. 

Hojioiir'''^ Sir 

It is with the utmost pleasure that I now con- 
gratulate you and my Country, on the happy Issue 
of our Enterprize against Louisbourg .which was Ef- 
fected thro' Gods Goodness by the Surrender of this 
strong Fortress &c on the 10"' Ins' upon Terms of 
Capitulation agreed to w"' the Governor of s'' place 



314 LAW PAPERS. 

by Commodore Warren, and myself, of W'' can now 
only send your honour the Heads w''' you'll excuse, 
as I am in the utmost hurry in putting affairs in a 
proper Disposition, and transmitting to His Majesty 
the Account of our Success, and of the State of the 
Garrison. The next Day the ships entered the Har- 
bour and a Detachm' of the Troops w^'' myself march'd 
into the Town. Our Army has undergone incredible 
Fatigues w"' all possible Chearfulness in which the 
Connecticut Regiment have been always ready to take 
their Shares, & I hope will be rewarded Accordingly. 

We have been very happy in having the Fleet 
commanded by a Gentleman of Commodore Warrens 
well known Superior worth & Goodness ; he has shown 
the utmost readiness to assist us in everything in his 
power. 

vSince we are in possession of this place I am 
informed of a large Body of Indians arriv'd very near 
us, but hope that one of the good Consecjuences of 
the Reduction of this place will be deterring those 
mischievous Neighbours of our Colonies from ever 
molesting N : Eng'' again. 

I am with much Respect . 
S", Your most Obed' 
humble Serv*^ 

W^ PEPPERRELL 

To the Hon^'"^ Jona: Law Esq-- &c &c 



JONATHAN LAW TO WILLIAM SHIRLEY. 

MiLFORD June 20*'^ P. M. 6 a Clock 

Yours of the 18''' Instant I Reiv^^ on wendnesday 
last I wrote to you and now I Can only inform that 
I purpose forthwith to send to our Captains to march 



JONATHAN LAW. — JACOB WENDELL. 315 

their men to New London that they may be there 
ready to Embark and I am not aware of any dan- 
ger of Delay in the Case, when our assembly meets 
Shall use my Endeavours for larger augmentations in 
Case y" occasion Continues vSo remaining your 

Humble vServant 

JONTH LAW 
To Gov"" Si II RLE V 

[Indorsed] vShirley June i8*'' 1745 

ACCOUNT OF STORES AT LOUISBOURG. 

LouiSBOURG 22'' June 1745 
Invoice of sundry Provisions on board y" Trans- 
ports Belonging to the Colony of Connecticutt viz' 

About 170 barrels Beef and Pork, Sufficient for 
2^ months 

Ditto 70 Casks Bread, & Flour for about 25 days. 
Do 30 busl Samp, few Peas & Beans — 

6 Tierces rice 
Do 6 hh'^' rum and one or two hh'' molasses f' 
ab' 24 days 

J Miller Comiss^ 

JACOB WENDELL* TO JEREMIAH MILLER. 

Boston June 24^'' 1745. 

Please to Deliver the Inclosed to CoU" W"' Brattle 
wee hope Soon to hear we have gotten Cape Bret- 
toon in Possession, three of our best Transports are 
sayled for New London to take in Your Troops Pray 
lett them have all Possible Dispatch from thence with 
mine & wifes best respects to Your Self and M" Mil- 

* Wendell was a member of the Massachusetts Council and a prominent 
Boston merchant. Mass. Historical Society, 6 Collections X. 



3"l6 LAW PAPERS. 

ler & Service to Mr. Adams and famely I remain 
S' Your ffriend & Servant 

JACOB WENDELL 

[Superscribed by Wendall] To Jeremiah Miller Esq' 
In New London 

[Superscribed by Miller] To Govern" Law Milford 

[Indorsed by Law] Coll' Wendall 

PETER WARREN TO GOVERNOR OF CONNECTICUT. 

Superbe in Lewisf.OURG HarV 

the 24*'' of June 1745 
Sir 

I have the Pleasure to acquaint you, that we are 
in quiet Possession of the Town, and Garrison of 
Lewisbourg, and the Territorys hereunto belonging ; 
and that It is my Duty, pursuant to the Orders I 
have receivd, to apply to you, and the different Gov- 
ornours upon the Continent for such Provision, and 
Men, as I may want, & I never had more Occasion 
for y'' vService, than at present, in order to keep Pos- 
session of a Garrison, that is the Key to all the french 
Settlements, upon the Contenent, & of which Posses- 
sion, every Collony will feel the good Effects, there- 
fore hope you will send with all Speed, y"" Quoto of 
Men ; armed, & victualed for at least seven, or Eight 
Months, to remain here for the Support of this Gar- 
rison, till His Maj^ Pleasure shall be known, till which 
Time I shall continue here. 

You will please to advertize all his Maj" Subjects, 
that are willing to come to this Port, to Trade with 
the Garrison, and Inhabitants, shall have free Liberty, 
without any Duty or Imposition whatsoever, & that 
none of their People shall be molested, or impressed, 
into His Maj' Ships or Service, and there are several 



PETER WARREN. — WILLIAM SHIRLEY. 



Ji/ 



Prizes here, who will be condemnd, and disposed of, 
and many more will, no doubt, fall in dayly by our 
Cruizers. I make this application to all your Neigh- 
bouring Governours, and have begd them to recom- 
mend y" Consideration of this my Request, to their 
different Legislatures, who cant in any manner, give 
greater Proofs of their Loyalty to his Majesty, their 
Love to their Country, and their Care of Posterity, 
than by assisting me, with the means of keeping Pos- 
session of this important Place, till his Majesty can 
make Provision for It, of a Garison, & Collony, that 
in Its Consequence, will be the Means of exterpating 
so dangerous an Enemy as the French are, out of 
the Contenent, and of uniting such Nations of In- 
dians to us, and to one another, as will greatly encrease 
our Fur, and fish Trade, and secure us & our pos- 
terity in the quiet Possession of our Civil & reli- 
gious Rights. 

I am vSir 

your most Obed' 
humble Serv' 

P WARREN 
Here with I send you a Cop)^ of a circular Let- 
ter, signified by his Grace the Duke of New Castle, 
to all the Govornours on the Contenent least you 
should not have received It. 

The Govornour or Command^ Officer of Connecticut. 
[Indorsed] Comodore Warren June 24"' 1745 



WILLIAM SHIRLEY TO JONATHAN LAW. 

Boston June 24. 1745 
Sir, 

I have rec'^ your Letter of the 19"' Instant, And 

am extreamly glad of the Discovery you have made 



3l8 LAW PAPERS. 

of the Counterfeiters of the Bills of Credit, & that 
you have so much Success in breaking up such a 
Knot of Villains. 

1 have ordered three Transports to proceed di- 
rectly to New London, & they accordingly sail'd last 
Saturday; Our Committee of War tell me that one of 
your own Vessels was returned, which they expect 
you will continue in this Service. As to Convoy, I 
can't see how we can furnish you, unless from this 
Place to Cape Breton, provided your Troops come 
here in a few days. Captain Snelling is arriv'd here 
but I am oblig'd to send him away with the utmost 
Dispatch with a large Supply of Powder, Shott & 
Bomb Shells, for want of which the General informs 
me that they have been oblig'd almost to cease their 
Fire upon the Town. I hope to get away four* Re- 
cruits with him & a considerable Number of wSeamen 
for manning the Ship Vigilant. And I hope to have 
the rest of our Troops ready by the latter End of 
this Week or the beginning of next ; by w''' time hope 
to see yours in Nantasket ; However our Convoy shall 
stay longer for 'em. 

I am Sir, 

Your Honours most obedient 
humble vServant 

W SHIRLEY 
The hon^'''' Jonathan Law Esq'' 

COMMITTEE OF WAR TO JONATHAN LAW. 

Hartford June 25''' 1745 

The Success of the Expedition against Cape Breton, 
wee make no Doubt your Honour has very near at 

*The word hundred was probably omitted here. 



COMMITTEE OF WAR. 319 

Heart, and therefore will pardon the ffreedom wee take 
of a few Lines in Relation to that Matter; The Troops 
that are already gone from this Colony your Honour 
will please to remember were provided with Stores 
for four Months only three of which are near or 
quite expired, and one Months Time may be little 
enough to supply them with more. The Souldiers by 
the best Intelligence wee can obtain are very much 
harrassed and fateagued and a considerable Number 
sick & unfitt for vService, and stand in great need of 
a Reinforcement, Wee are credibly informed that the 
Massachusets Province notwithstanding they had so 
vigorously exerted themselves at first & by four hun- 
dred Recruits and constant Supplys since ; upon the 
pressing Instance of the General have resolved to re- 
inforce the Army a second Time with six hundred 
Men and are actually raising them, and your Honour 
will doubtless collect from the Posture Circumstances, 
and Designs of the Army that possibly they may 
much need them : Now the Sentiments and Desires 
of great Numbers of People of good Interest about 
us (to which wee assent and beg leave to recomend 
to your Honour) are, that the most speedy and effect- 
ual Measures may be concerted and taken, for the fur- 
ther supplying our vSouldiers in the Service, with Pro- 
visions and other Necessaries and Comforts ; And that 
Your Honour would be pleased to take it into your 
wise Consideration whether the great Importance of 
this Expedition dos not require that this Government 
be in Preparation for a further Reinforcement of our 
Troops in the Army, and that if your Honour's Wis 
dom should direct to any Thing of such like Nature,, 
the sutable Methods for effecting the same, might (with 



320 LAW PAPERS. 

your Honours ffavour) be taken as soon as may be 

Wee are 

Your Hon" most dutifull 

Obed* Hum""^ Servants 

NATHLL STANLY 

OSIAS PITKIN 

WM PITKIN 

JOHN WHITING 

GEORGE WYLLYS 

JNo CHESTER* 

To the Hon^'"'' Jonathan Law Esq' 

[Superscribed] To The Honourable Jonathan Law^ 
Esq'' Governor of the Colony of Connecticut Att 
Milford 

[Indorsed] Motion of Coll' Stanly & others for Recruits 

JEREMIAH MILLER TO JONATHAN LAW 

N. LoND'^ June y^ 26. 1745 

5; 

I am Desir'd by Cap^ Sam" Miles to Send your 

Hon'' a Line to Signify that He arrivd Here this 

Day in 15 Days from Cape Brittoon w"' abi^ 24 Sick 

& halfe so many Prisoners ; the Post is Coming in so 

Shall not trouble yo' Hon'' w^'' what We hear I am 

Your Hon" 

Most oblidged Hum'' 

Serv^ 

jER. MILLER 
To Gov'' Law 

[Superscribed] To the Hon''* Jonath'' Law Esq' Gov- 
ern'' of His Majest3's Colony of Connectic" att 
Milford. 



* These, with the exception of Secretary Wyllys, were members of the 
Committee of War formed "for the better securing the frontiers of this 
Colony." 



GEORGE CLINTON. — WILLIAM PEPPERRELL. 32 1 
GEORGE CLINTON TO JONATHAN LAW 

Sir/ 

I am in a good deal of hurry as I am to meet 
our Assembly tomorrow y* I have but just time to 
own the favour of yours and inclosed M' Shirleys 
packet I find by yours Devivier (?) has discoverd him- 
self at last, I am sorry for the loss we have sustaind 
at y" Island Batterie, I wish we had it, I am glad 
M' Canfield had y'' good fortune in his return to se- 
cure the Counterfit Plates & to send the two to Goal, 

I am 

Sir 

Your very humble serv' 

G CLINTON 
His Hon'" JON"^" Law Esq' 

[Superscribed] N Y 2: — On his Maj' service To The 
Hon'"® JON™ Law Esq"" Govern' of the Colony of 
Connecticut 

[Indorsed] Gov' Clintons June 26 1745 

WILLIAM PEPPERRELL TO DUKE OF NEWCASTLE. 

LouiSBOURG June 28: 1745 

To the Duke of N. castle &c. &c. 
My Lord Duke 
I have Allready had the Honour to T;-ansmitt to 
y' Grace in Conjunction with Commodore Warren an 
Acco*' of the success of his Majes*^'' Arms in The Re- 
duction of Louisbourg, & Territories Adjacent, to his 
Majestyes Obedience, which was Happily Effected on 
the Sixteenth Ins' by an Army of his Majes'^ New- 
English vSubjects whom I have the Honour to be at 
y*" Head of ; Assisted on the Seaside by a Squadron 
of his Majestys Ships, under the Command of M' 
Warren, s*^ Fortresses & Territories being Surrendred 



322 



LAW PAPERS. 



on Terms of Capitulation of which a Coppy was for- 
warded to your Grace with our Letter & Duplicate 
hereof is herewith Inclosed, on the 17 Ins^ his Ma- 
jest' Ships Entered y'^ Harbour & y' Same day part of 
y^ Troops with myself Marched into The City since 
w"^^ have used the Utmost dilligence in makeing The 
propp' dispositions for the Security & good Regula- 
tion of the Place, & the Speedy Evacuation of it, 
agreeable to the Terms of Capitulation, I have now 
the Honour to Inclose to y' Grace an Acco^ of what 
Troops were Rais'^ in , each of his Maj'' Goverments 
in N Engl'^ which were Aiding in This Expedition 
No all y*" Officers Names were Sent here placed Ac- 
cord^ to their Rank & the Present State of them, & 
I flatter myself that his Maj'*>' will be graciously 
Pleas'd to Approve of their Zeal in Voluntarily en- 
gageing in so Expensive & hazardous an Enterprize 
even before they had Notice of any other Navale 
Force, then the Private Vessells of Warr fitted out by 
themselves, & I humbly begg y' Grace's Leave to say 
that I should not do my Fellow Soldiers Justice If I 
Ommitted this Opportunity to Assure y' Grace that 
they have with the Utmost Cheerfullness, endured 
Allmost Incredible Hardships not only those Neces- 
sarily Incident to a Camp, in such an Inclement Cli- 
mate where their Lodgeing & Accomodations could 
not be but of the Poorest Sort but allso in Landing 
& Transportation w'^ Infinite Industry & Pains our 
Heavy Artillery (some of which were 42"'s Cannon) 
severale Miles in Cold foggy Nights, over Allmost Im- 
passible, Boggs, Morasses, & Rocky Hills, allso in 
Landing the Warlike Stores & Provisions, in doing 
w''' they were Extreemly Expos'' & at the same Time 
we were Obliged to keep out Large Detachments to 
Range the Woods, in Order to Intercept & Disperse 



WILLIAM PEPPERRELL 323 

Parties, of the French & Indian Enemy who were 
gather*^' together behind us, with whom we had Sev- 
eral! Skirmishes, in all which we Routed the Enemy 
Killed & Wound'' Many of them, & took upwards of 
two hundred Prisoners. Severall Sallies were made 
from the Town, in all which we Repuls'' the Enemy 
with very Little Loss on our side, & we have been 
so happy Thro gods goodness as not to Loose above 
100: Men by the Enemy in the whole of this great 
Enterprize they held out ag"^ a Close vSiege of Forty 
nine days, during which Time we Rais'' five Fascine 
Batterys from whence & a Large Battery deserted by 
the Enemy on our Landing We gave them above 
Nine Thousand Cannon Ball & About Six hundred 
Bombs, which greatly Distressed them & much Dam- 
aged their Fortifications, & in Particular rendred use- 
less The most Considerable Battery of the Town 
(Called the Circular Battery) which Mounted Sixteen 
Large Cannon, & very much Commanded the Harbour 
The Fatiegue of our j\Ien in all those Services was 
so great that we had near Fiveteen hundred Sick at a 
Time Notwithstand^ all w'^'' they not only Continued 
to Express the Greatest Zeal to go on Vigorously 
against the Enemy, but in General generously Acqui- 
essed in the Loss of the Plunder they Expected from 
the Riches of the City, & tho' Undisciplin'd Troops, I 
am Perswaded his Majesty has not in his Dominions 
a Number of Subjects more universally Loyall or that 
could possibly Express greater Readiness to spend their 
Lives in the Cause they were Embarked in for his 
Majes*'' Honour & y'' Good of their Country, I Esteem 
it a Peculiar Fav"^ & of the Happiest Consequence, 
that his Majest' vShips sent so Timely to our Assist- 
ance were under the Command of a Gentlemen of 
such distinguish'' ]Merritt, & so Universally belov'd in 



324 LAW PAPERS. 

N. Engl'^ as Commodore Warren He has Constantly 
Exerted himself to give the Army all Possible As- 
sistance & the same day that a Suspension of Arms 
was desired by the Enemy, we had determin'd upon 
a generale Assault by Land & Sea, & for the Better 
Manning the Ships for that Purpose it was agreed 
to Spare them Six Hundred Men out of our Troops, 
I have the Honour allso to Inform y' Grace that in 
our Way from N Engl'' we Stopt at Canso & Began 
to Rebuild the fortification there which the french 
Destroy'd Last Year & Left Eigt Cannon with the 
Necessary Stores, & Eighty Men of the Troops to 
Compleat & Defend the same, which hope will Meet 
with his Majest' Gracious Approbation, We have Allso 
destroy'd the Town & Fort of vSt Peters & severall 
Other Considerable vSettlements upon this Island & 
may the Happy Success of this Expedition against 
Louisbourg (the Pride of France) whereby his Majesty 
has y^ Key of the great River of S' Laurence, & 
by which the Absolute Command of the Fishery, & 
Indeed very much of y" Whole Trade of N" Amer- 
ica is Secured to his Majes*' vSubjects be an happy 
Prelude to the Reduction of all the french Settle- 
ments in America, in which will y'" Grace permit me 
to say, I am Confident his Majestyes New English 
vSubjects will at all Times Ready to Contribute their 
Utmost Assistance as farr as their Circumstances will 
admit of & his Majest' Great Goodness Leaves no 
Room to doubt but that he will be graciously Pleas'' 
to Express his Royall fav' towards those who Ingaged 
in this Expedition, in such manner as will Animate 
them & their Country to proceed further w"' the 
greatest Cheerfuleness. I must not Omitt to Acquaint 
your Grace that y^ french in Conjunction with the 
Indian Enemy had Prepared to Besiege the Garrison 



WILLIAM PEPPERRELL. — WILLIAM SHIRLEY. 325 

of Annapolis Royall this Summer Seven or Eight 
Hundred of them having gathered together there, Ex- 
pecting as tis said an Armament from France to Join 
them but were Call'd of from thence to the Relief 
of Louisbourg, but did not arrive in Season it ap- 
pears there were notwithstan^ ab^ 2000 Men Able 
to Bear Arms in the City when it. was Surrendered, 
I now have the Hon'' allso to Inclose to your Grace 
an Acco' of the State of this Fortress, & of the Stores 
found here, & beg y' grace's Leave to Mention that 
the Inclemency of this Climate will Render it, Ab- 
solutely Necessary that Particular Care be taken for 
the Warm Cloathing & Lodgeing of the Troops Posted 
here I Presume his Majesty will be Pleas"^ forthwith 
to make Known his Royall Pleasure Relating to this 
Important Place till w'^ Time I shall Endeavour w"" 
the Utmost Loyalty & my best Discretion to Promote 
the vSecurity & good Regulation thereof & Beg Leave 
to Subscribe myself w"" all Possible Duty & Respect 
May it Please y'' Grace 

Y' Graces Most Obed* & Most 
Humble Servant 
WM PEPPERRELL 

LouiSB'' June 28^'' 1745 
Copy 

His Grace the Duke of Newcastle &■=. &'. &°. 
[Indorsed] S' W° Pepperells Letter 1745 

WILLIAM SHIRLEY TO JONATHAN LAW. 

Boston July 3. 1745. 
Sir, 

I have now the Pleasure to Send your Honour by 
Express the News of the Reduction of Louisbourg to 
the Obedience of His Majesty, and the Surrender of 
it accordingly: But to maintain our Conquest there 



326 LAW PAPERS. 

which is of the utmost Importance will require the 
Assistance of all His Majesty's Colonies & Provinces 
in North America, for furnishing Men Ammunition & 
Provisions for garrisoning & defending the place till 
His Majesty shall order Troops from Great Britain, 
or otherwise vSignify his Pleasure in this affair : And 
I Apprehend this to be the most critical Juncture for 
Securing it from the Attempts of the Enemy to re- 
cover it : For it cannot be doubted but that the French 
King will soon Send a strong Force both of Ships 
and Troops to reduce it, before we can be well Se- 
cured in the Possession of it, and you may reason- 
ably Judge that this Province is already drain'd of 
Men Provisions and Ammunition ; However we are 
still so heartily Engaged in his vService, that we have 
lately sent Four hundred Troops who I Suppose 
Arriv'd at Louisbourg since the Surrender of it, be- 
sides upwards of Sixty Seamen — for manning His 
Majesty's Ship Vigilant and have about Two hundred 
Soldiers more Embarked and ready to Embark whom 
I shall get away with all possible dispatch, And I 
cannot but hope your Honour & the General Assem- 
bly of Connecticut will in duty to His Majesty, and 
in regard to the common Interest of all His Subjects 
in North America make Provision for the Raising of 
a Number of Soldiers immediately for this Service 
And have them Transported without delay, and like- 
wise give Orders for the taking up and purchasing 
all the Gun Powder and Provisions that can be got 
for the Garrison at Louisbourg and the Ships Em- 
ployed there, of both which they are in want, as the 
General and Commodore inform me, as also Provi- 
sions for the French Prisoners to be Sent home to 
France: and as this will require a vast quantity (of 
provisions especially) It is my Opinion that no pro- 



WILLIAM SHIRLEY. 327 

visions ought to be i\llowed to be Shipt off from the 
Plantations where they are raised to the West Indies, 
or any foreign parts whatsoever, till this Want be 
Supplyed : It will also be requisite that all the Gun 
Powder that can be found in your Colony except 
what may be absolutely necessary for your own de- 
fence, Should be Secured for His Majesty's Service, 
and I should think if your Honour will Employ some 
Merchants in your place for the purchasing of the 
Powder who will be able to find it out better than 
your own officers, it will be a most likely method of 
being furnished with a good Quantity of it, of which 
this province is almost entirely Exhausted, having 
sent off for the Expedition againt Louisbourg about 
twelve hundred barrels, and I hope that you will Con- 
sider that both the Garrison & Ships will want a con- 
siderable Supply 

I am Sir, 

your Honours most Obedent 
humble Serv' 

W SHIRLEY 

P. S. I must depend upon your Honours imme- 
diate sending forward by fresh Express the inclosed 
Pacquet for the Govern'' of New York, 

I have to add to the above Circular Letter y' I 
hope our success will not make your Governm* slacken 
their Endeavours for raising men, w*^** are as much 
or more wanted for keeping the Possession of Louis- 
burg ag' the Enemy for a few Months, y" at first for 
taking it ; as France will press out all her force from 
Europe and America to retake it instantly, if possible, 
before his Maj^ has garrisoned it with regular Troops, 
and the Fortifications are repaird : And I beg your 
honour would dispatch your Troops round as soon as 
possible — And y' you will not fail, at all Events, to 



328 LAW PAPERS. 

secure all the provisions wanting for the fleet and 
army, w'^'' will come to an immense Quantity, and the 
want of them or of warlike Stores will prove fatal 
to us, in case of the landing of a Body of the En- 
emy, notwithstanding the Strength of our Naval force ; 
And the General informs me y* they were in daily 
expectation of the Arrival of 2500 Indians. 

W S. 
Hon^'^ Jonathan Laws Esq"" 

[Indorsed] Gov' Shirley's July s'' 1745 

GIDEON WANTON TO JONATHAN LAW.* 

Newport July y^ 5"" 1745 
S' 
I Reed: Yours the 25*'' June and Laid itt before 
our Generall asembly but They being Just about to 
Rise ordered me to acquaint your Honer that they 
would take the matere of y*" Counterfitt bills Under 
Consideration about Calling of them In att Theire 
adjournment In augfust Next, 

and I am S"" with Due Respect your 
Honers Humble Servant 

GIDN WANTON 

[Superscribed] R 2/8 To The Hon"^ Jonat*^ Law Esq" 
Gov"" of the Coloney of Conecticut 

[Indorsed] Gov' Wanton July $^^ 1745 

JOlSfATHAN law TO WILLIAM SHIRLEY. 

MiLFORD July y*^ 6^^ 1745 

Yesterday on the rising of our Assembly I was 
Informed of the arival of one Smith from Sea who 
had been taken by the French return^ home by the 

•This letter bears a wax seal carrying an impression of the Wanton 
arms. 



JONATHAN LAW. 329 

way of west haven and took the Evidence herein in- 
closd thought it needfull by an express to give you 
a act" of it that you may give the proper Directions 
to the troops that are going forth, I have not yet 
been Informed of ours being Saild from New Lon- 
don, nor Indeed of the arival of the third transport 
you Sent thither but hope that all are Embarked and 
Saild from thence before this time, yet am not with- 
out fears Least they Should fall into the hands of 
some of these Enemies 

from your Excellencies 

Very humble Servant 

JONTH LAW 
To W-^ Shirley Esqr 

[Indorsed] Copy of a Letter to Gov' Shirley & to 
Coir Wadsworth July 6*^ 1745 

JONATHAN LAW TO JAMES WADSWORTH. 

MiLFORD July y* 6. 1745 
S' 
Maj' Newton and the President went with me to 
west-haven Maj' Newton Called upon me Early this 
morning much Exercised on his Pillow as well as I 
had been, thought it best to Send by an express to 
Gov"' Shirley, and M'' Canfield Coming in being De- 
sird by you to take an act" of what I found att 
w-haven I Concluded to take this opertunity to Send 
by him that if you are of the Same mind with us 
you may fix y* Seal and by M'' Canfield or some 
other Suitable person give it y*" quickest Dispatch 
from your faithfull friend and humble 
Servant 

JONTH LAW 
To James Wadsworth Esq' 



330 



LAW PAPERS. 



ROLL OF CAPT. ADONIJAH FITCH'S COMPANY. 

Newlondon. A List of Capt Fitch' Company 
bound from Connectticut to Cape breton July 6 ad 
1745 



Adonijali Fitch Cap' 

Ezekiel Ashly Lif 

John Parker Ensi" 

John jNIartin Sargn' 

Wilm Whiting- Sargn' 

Isaac Sabins Sargn* 

Philip Judd Sargn* 

Sam' Goodritch Corp' dis- 
charged 

Dudley Woodbridge Corp' 

Daniel Newel Corp' dis- 
mised 

Joseph Parker Corp' 

Ezekiel Ashley Ju" Clark 

Oliver Clapp dromer dead': 
augest 30 

Sam' Ashbur dismised 

Simon Baxter dismised 

James Barnet 

Jabez Bingham 

Elizer Braynerd dismised 

James Bentley dismised 

Jacob Burnham 

John Blyss dismised 

James Booth 

John Buel 

Timothy Case 

Nicholis Clark dismised 

Arron Church 



George Chidle dismised 
Nathanil Cook 
Alpheses Case 
John Carier 
Gid" Commis 
Noah Chuchy 

Catlin dismised 
John Dayley (?) 
Daniel Day maid Corpel 

gptmbr ye jg 

Charles Dixson dismised 
Ebenezr Draike 
Ritchard Dick 

Duglis dismised 
Joseph Eaton 
Phenes Fremon 
David Foot [wood 

Obediah Fox went to get 
John Grifing 

Moses Goodritch dismised 
John Garrit dismised 
John Gilbos dismised 
Elisha hammond 
Jonathan handay dismised 
John headen 
Elisha hosford 
peter Judson dismised 
Aron Jacaway 
Stephen Jillit 



JEREMIAH MILLER. 



331 



John Knox dismised 
Josph Kneland mad Corpel 

Sept"^"' y^ 18 
Samwell Larons dismised 
William Lord 
Ezra Lommus 
John Laraby 
Ebenezr Lee 

Ichebud maxfeld dismised 
Willm Moreton [br 13 

Bildad Moses dead Novem- 
Beniamin Negus 
Giels Nott 
John Nicaneag- 
John Ordaway 
David Owen 
Jersham Orvis 
Joseph preston dismised 
Jabez polly 
John parker 
Daniel Quichick 
George Reed [mised 

Nathan Ritchardson dis- 
Rowley dismised 
Henry Scott dismised 
Zackes Scott 



Joseph Stewert dead Octo- 
ber y"-' 31 
John Storie made dromer 

Beniamin Stapels 

Ebenezr Smith dismised 

John Sparks dead Novembr 

James Stimson [y® 28 

B Smith dism.ised 

Solomon Tracey 

Charels Touser 

David Tounsend 

Jacob Totoa 

Simon Toby 

Samuel Tubs dismised 

Joshua Unkes 

Sammuel Unkes 

John White dismised 

William White went to get 

Thomas Wiard [wood 

Charels Whiting 

John Wobin 

Henry Woaquet dismised 

George Woaquet 

John Wohoppin 

Ephream Wood 



5' 



JEREMIAH MILLER TO JONATHAN LAW. 

N. LoNDf* July 7"' 



1745 



I Congratulate your Hon"" on y® Good News from 
Cape Brit" and am to Say that our Recruits are Im- 
bark'd and under vSail this Morn. Yo"" Hon' is Sen- 



332 LAW PAPERS. 

sable of y^ Great want of Fresh provision in y^ Army 

& Doubt not he will give Relief in this Article very 

Soon 

I am Your Hon''" 

Oblidged Hum'^ Serv* 

JER. MILLER 
To Gov^ Law 

[Superscribed] To Govern'' Law 

[Indorsed] Doct' Miller's July 7^^ 1745 

WILLIAM SHIRLEY TO JONATHAN LAW. 

Boston July 8. 1745. 
Sir, 

I have your Honour's Letter of the 3*^ Instant, 
and shall this Evening write to Commodore Warren 
for a Convoy to be sent for your 300 Voluntiers now 
raising, to New London, and doubt not but you will 
have either your own Sloop or some other Vessell of 
force instantly sent you ; so y* I hope there will be 
the utmost dispatch us'd in raising your 30x3 men. 

The Rhode Island Troops are now at Nantasket, 

and I shall expect your 2cxd men daily : and am 

Sir Your Honour's very 

Humble servant 

W SHIRLEY 
The Hon"« Gov' Law. 

[Indorsed] Gov' Shirley July S'*" 1745 

NATHANIEL STANLY TO JONATHAN LAW. 

Hartford July (f^^ 1745. 
Hon"'* 5' 

yours by M' Hubbard I rec*^ last night in the 
evening I am glad your Houn' hath Stopt y^ Com- 
issaries, and officers proceding In the affair of Cape 



NATHANIEL STANLY. 333 

Britton for the present; the officers you"" Hon' men- 
tion*^ have not rec'^ any money out of the publick 
Treasurey, and I suppose thear hearing this newes 
will prevent their Coming for any, the perticular 
Scircumstances Relateing to the takeing Cape Britton, 
I conclude your Houn"' before this time is better Ac 
quaint'd with than I am, I have heard, that Coihodore 
Warren hath Sent to His Exelency Gov"' Shirley verry 
pressingly to Come to him at Cape Britton, that there 
is a Contention arison among the Souldiers ; how the 
plunder Shall be devided, I hear it is Said that Con- 
necticutt Troops have not exerted themselves as they 
ought to have done, and that they have not bin Ex- 
posed to so great dainger as the Boston Troops have 
ben, and that they have lost but few men Compard 
with them, and Such like discorse is Said to be 
amongst them ; and so are not willing Connecticutt 
forces Should Shear equally with them, it is said that 
In the Close of the Comadores Letter to Gov"" Shur- 
ley he writes that for Gods Sake he will Come, and 
be a Solloman to know how to devide the Child, I 
am verey Sorrey to hear, that thear is a Contention 
Arisen among the forces, and fear what the Issue 
will be ; It is Said that Gov'' Shurley Saild from Bos- 
ton Satterday last for Cape Britton, I shall take Care 
to Send to Maf Hamblin as your Hon' has men- 
tion'' 

I am with great Regards your Hounr^ most 
Obediant Hum'"^ Serv" 

NATHLL STANLY 
P S yesterday in part, and y^ last Night ware 
Spent hear in rejoyceing at y^ good newes; an ox 
was Rosted whole, a large bonfire made, two of y® 
milletarey Companeys in armes, the Cannon fiered 
Severall time, many Houses Illumenated and a vast 



334 LAW PAPERS. 

number of Spectators ware present, and all things 

Concluded in good order. 

[Superscribed] To The Hon^'*' Jonathan Law Esq' 

Gov'' of His Majesties Colony In Connecticutt on 

His Majesties Service 

[Indorsed] Coll' Stanlys Letter July 9"' 1745 

DANIEL EDWARDS* TO ROGER WOLCOTT. 

Hartford July y*" 9*'' 1745 
5' 

All health to your Hon'' and y*" rest of our 
Hearoes at Louisburg, to whose Wisdom & Martial 
bravery under God we Asscribe y*" Glorious Success,, 
had I been an Actor or So much as a Spectator of 
y® Wondrous Scene cou'd not be at a loss for a vStory 
worth y® attention of Ancient or Modern hearers, but 
your Hon' will not expect forreign & Surprizing oc- 
currences from Such as pass not y"' limits of their 
own land. 

Of y^ Wellfare of your Lady & family doubt not 
your more direct intelligence yet having a day or two 
past been there my Self may not omit to Say M'" &c 
are well. Save only Solicitude for your Hon'". 

Gen" Health and prospect of gen" plenty may 
be enumerated among y'' blessings of y'' present year. 

The Progress and Success of our brave Army 
Ingross y® Conversation of y'' whole Country, every 
Horse Man is taken for a traveller & every Traveller 
for a Post, and all Down to y" most Indolent vie 

* Daniel Edwards, at this time a practicing lawyer in Hartford, was a 
brother of Jonathan Edwards the theologian. He was graduated from Yale 
in 1720, was later a tutor for three and steward of the College for six years. 
In 1742 he removed to Hartford ; was a member of the Governor's Council from . 
1755 until his death in 1764, was also an Assistant Judge of the Superior Court, 
Clerk of the same court, and Judge of Probate for the District of Hartford. — 
Dexter' s Yale Annals. 



L 



DANIEL EDWARDS. 335 

with y*" ancient Athenians & continually y'^ inquiry 
is what News from Cape Breton ? And this not from 
common Curiosity but a Cordial Concern for y'^ im- 
portant Event ; Every Successfull Step has gladn'd 
every heart & enliven 'd every face. 

But when first arrivd on last fryday eve here y® 
Tidings Lewisburg is taken ! is taken ! Language fails 
to Discribe y'' Joy ! Instantly shone y^ Town House 
with y^ houses in y*" body of y'' Town with a Sur- 
prizingly Suddain & BeautifuU illumination, as tho' 
y*" Same breath y' proclamd y"' happey News had 
blown up y*^ Town into y*" brightest blaze ; The Spread- 
ing Joy like an inundation Soon reacht y" remotest 
parte of This & even to y*" Towns adjacent, whence 
from every quarter rush young and old and promis- 
cusly Share y® Transporting Story, and fill up y'' 
Evening with all y*" Tokens of Joy and Gladness 
which Nature or art cou'd So Suddenly Supply. And 

On more certain & perticuler Advice of this Great 
Event & y*" Glorious Actions conducive to it, yester 
day were Mustered the Millitia of y° Town, to whose 
assistance in y""' Triumphant Rejoycings of y'' Day 
were present Many Gentlemen of Distinction with a 
Nemerous Concourse of every age and Sex, whom to 
Regale together Sprightly & exhilarating Liquors, was 
an Ox Roasted whole on y*" Green in y*" Midst of 
them ; And y*" Beat of Drums, Sound of Trumpets, 
Brisk & regular Discharge of Cannon & Small arms 
Constitute y*" Rejoycings of y® Day : And on approach 
of Evening, Splendid Illuminations, Ringing of Bells 
and Bonfires blazing like y*" eruptions of Atna, with 
Health to our Sovreign Sz y" most honourable Re- 
membrance of y" Bravery of our Hearoes at Louis- 
burg beautifyd & Enlivened y* Night and were but 
y'' imperfect exprestions of y' overflowing Joys of 
every Mortal 



336 LAW PAPERS. 

In a Word Such a Tide of real & Unaffected 
Mirth & gladness Inspiring So Numerous a Concourse 
of every age Rank & quality, Unallayd with any ill 
accident or Disorderly or offensive Action our. oldest 
men have never vSeen. 

Our first Recruits hope may Safe arrive ere this, 
And A Second Augmentation of 300 Troops More 
were last Wednesday ordered with all possible Dis- 
patch to follow them but whether y*" Advices of y® 
Towns Surrendry will Suspend or prevent y'^ Inlist- 
ment or imbarkation is what may not adventure to 
conjecture, but tis evident y^ Courage & generous 
ardour of y* Country to Support & carry on this im- 
portant enterprise has increased even beyond that un- 
precidented freedom which first gave birth to y*' Un- 
dertaking, and People Seem to need no more than 
permission to take up arms. 

Three Men, one 12 mile from fort Dummer & 
another at Asha Willet about & another at another 
place 4 or 5 Days after were Kild by y° Indians a 
few Days past & this Colony now about to Send up 
60 men to Scout with y* Massachusets Men Above 
their frontiers. This was certainly before y*' Indians 
coud have rec'^ y® News of taking Louisburg, other- 
wise it Seems to be that they woud not have Ad- 
ventured to Shed blood, and many accordingly hope 
this news may tend to restrain them from persisting 
in hostilitys, however tis not thot Safe to trust to 
this. 

Capt Church & D"' Morrisons Familys are well, to 
whom with M'' Williams D"'' Woolcot & y'-' rest of 
our Gen*^*"' to whom I have y" honour to be known 
may your honour pardon me in praying to be re- 
membred. 

And now may y'' Same good Providence which 



DANIEL EDWARDS. — WILLIAM SHIRLEY, 337 

hath hitherto preserved and Protected your valuable 
life amids a thousand Dangers, And rendred you Sig- 
nally Subservient to y" Honour and Interest of your 
Country in y" Camp in Due time render your Safe 
Return to us an equall Blessing both in Court and 
Councel for which more Sincerely Wishes or ardently 
prays no Mortal Than 

S' your Honours 

Most Obedient 

Humble Servant 

DANIEL EDWARDS. 
To y^' Hon^''^ Roger Woolcot Esq'' Maj'' Gen" &c 
[Superscribed] To The Hon^'*^' Roger Wolcot Esq'' 
Maj' Generall of y"' English Forces at Louisburg 
on Cape Breton These 
[Indorsed] M'' Daniell Edwards July 9"' 1745 

WILLIAM SHIRLEY TO PENOBSCOT AND NORRIDGEWOCK 

INDIANS. 

Boston July 12: 1745 
Good Friends, 
As we have agreed to give one another Advice 
of all that happens, I now Acquaint you that Heaven 
has favour'd our righteous Ciause against the French 
who have unjustly made war upon us, and Louis- 
bourg with the Island of Cape Breton was the 17''' 
of June last, delivered into our hands, where we have 
now 4000, Soldiers Masters of the place, & ten large 
Men of War besides many smaller Ships of War there, 
and We have also taken a large Man of War from 
the French carrying near Seventy Guns, and between 
five and Six hundred men besides a great Number 
of Merchant Vessels, and We have now brought to 
Boston above Seven hundred french prisoners, and 
above Two Thousand French prisoners at Louisbourg 



338 LAW PAPERS. 

and aboard our Ships of War will be sent home to 
France immediately, This Intelligence we Send you 
that you may not be deluded by the French or St 
Johns & Nova vScotia Indians that may Sollicit you 
to break your Friendship with us to your own ruin^ 
We have been your faithful Friends, and your Traf- 
fick with us has been much more for your Advan- 
tage than your Trade with the French and you may 
still live easy with us, & free from the distress & 
danger of War if you please but if not, & you will 
let the French & the Indians in their Interest deceive 
& Seduce you & you will perfidiously break your Sol- 
emn League with us, we doubt not but the Great 
God who is the Avenger of all such Wickedness and 
has so remarkably punished our Treacherous Enemys 
the French will stand by us & give us Success for 
the punishing your perfidiousness, but if you are will- 
ing to Enjoy the Benefits of peace with us, we Shall 
Expect that you will Send two or three of your chief 
Captains to Confirm the Friendship between Us. and 
if any of your people stand in fear of the French 
and therefore want protection for themselves and their 
Familys and will come up to Boston, we will take 
care of them, I Expect that you Send me your an- 
swer without delay. 

I remain your good Friend 

W SHIRLEY 

To the vSachem & others of the Penobscot & Nor- 
ridgwalk Indians. 

Copy Exam'' f^ J Willard Secry 
[Indorsed by Law] Gov'' Shirley to Penobscutt Indians. 

JOSIAH WILLARD TO JONATHAN LAW. 
Sir, 

His Excellency being obliged to go out of Town 
in hast, has directed me to acquaint your Honour That 



JOSIAH WILLIAMS. — JONATHAN LAW. 339 

his Majestys Ship the Hector is now in this Harbour 
& will soon proceed with our Transports to Cape 
Breton, & to let you know if your Transports be here 
by the End of next Week, they will have the ben- 
efit of this Convoy. 

I am likewise to inform your Honour that the 
Western Indians have killed two Men, one at Ashue- 
let & the other at the Narraganset Town Number 
Four ; And therefore His Excellency desires that you 
would please to give Orders that your Soldiers de- 
signed for the Protection of our People in the County 
of Hampshire may repair thither without Delay. I 
am 

Sir, Your Honours most obedient 

Humble Servant 

J WILLARD 
Boston July 12. 1745. 
The Hon^''^ Governor Laws. 

[Superscribed] On His Majestys especial Service To 
the Hon^'^' Jonathan Laws Esq' Governor of the 
Colony of Connecticut In Milford 

[Indorsed] Secr^ Willards July 12 1745 

JONATHAN LAW TO WILLIAM SHIRLEY. 

Milford July 16"' 1745 

This day I reC' M'' Seer" Willards of the 12^" In- 
stant and by an Express have given notice to the 
Com'*"" of Warr att Hartford to observe the Orders of 
the Assembly in such Case provided and doubt not 
but Coll' Stoddard will also apply to them 

Yours of y'' 3'' Instant I also rec'' and yesterday 
by an Express forwarded your Paquetts to Gov"" 
Clinton 



340 LAW PAPERS. 

Should be glad to know what number of men y® 
Comadore thinks needful for Garrisoning Louisburg 
and w* you understand our Quota to be ; and whether 
our Troops that are there and those going thither 
are expected to abide there, that some Computation 
may be made ab*^ the Stores necessary for them, the 
Maj"" Gen' informs me, that he expects to see me in 
a short time as I remember the Inlistment was till 
the Expedition was over 

Our troops were under Sail on y" y^'^ Instant and 
I hope wiU be early enough to take Benefitt by your 
Convoy 

I now send forth a Proclamation to encourage 
traders to Louisburg as y'' Coihadore desired of me 
and can only assure you how much I am 

S'' Your Excellencies 

thrice humble Servant 
JONTH LAW 

To y*" excellent W*' Shirley Esq'' 
[Indorsed] Copy of a Letter to Gov'' Shirley July i6 
1745 



JONATHAN LAW TO NATHANIEL STANLY. 

MiLFORD July 16"' 1745 

By a Messenger I sent to Gov' Shirley I rec'' a 
Let[ ] from him Dated 3'' Instant inclosing a Let- 
ter from Comado[ ] Warren and a Copy of a Let- 
ter from D: of Newcastle Jan [ ] 1744-5 w^'' Pa- 
quetts to all the Gov''" so far as to Virginia w''' yes- 
terday I sent by an Express to Gov'' Clinton 

That w*^'' he moves for is our Ouota of armd 
men with Provisions for at least 7 or 8 months but 



JONATHAN LAW. 34 1 

dos not say how many men he thinks needfull in the 
whole nor whither those w'*" are there cant be retain d 
or in Addition to them so that I cant tell what he 
thinks needfull to secure our Possession of y" place hope 
y*" Gen'* will not leave y" place till his Maj''" Pleasure 
be known or y" place be sufficiently secured I have 
askd y^ favour of Gov' Clinton to inform me w'' y"" 
Assembly will do and y'' other Southern Gov'" and 
propose to write tomorrow to Gov Shirley for a bet- 
ter Understanding of what y' Comadore desires with 
respect to the Number he would have for Garrisoning 
and I this day reC' a Letter from M' Seer" Wil- 
lard a Copy of which I herewith inclose. I conclude 
that Coll' Stoddard will send to you if danger be 
apprehended in that Quarter you know the authority 
given the Com''*' which is left to your Discretion and 
doubt not of your Constand (?) prudence in that mat- 
ter and will act safely. I propose to send forth a 
Proclamation tomorrow for Encouragement of Merch*^^ 
& others to trade to Louisburg as y"' Comadore has 
desird please to send me y° Copy of my Letter to 
Gov' Shirley by M' Farrand w*'' your xYdvice on y*" 
present Circumstan[ ] I expected jVL Sylliman for 
Orders for money for y*" Com"'' to provide for y*" 
Troops that are gone but know not the Reason of 
his Delay, indeed its attended with uncertainty The 
Maj"" Gen' having signifyd to me that he hopes to 
see in a short time 

I remain your faithfull 

friend and humble Servant 
JONTH LAW 

To Nath*- Stanley Esq"" 
[Indorsed] Copy of a Letter to Coll' Stanley & Com*'* 
July 16^^ 1745 



342 LAW PAPERS. 

WILLIAM SHIRLEY TO JONATHAN LAW. 

Boston July. i6. 1745. 
Sir, 

I have received your Letter of the Tenth instant 
and am something- surprized that you should appre- 
hend the raising the Soldiers for Louisburg is un- 
necessary because the Place is surrendered ; If care 
be not taken to preserve it, our Pains & Cost in re- 
ducing it will be worse than lost, And we must needs 
think that many of the Soldiers that have endured 
such Labours and Hardships in the Siege will be 
desirous of being dismissed ; for this very reason in 
my circular Letter to the Governours I urged the 
raising of men for the garrisoning of that Place, and 
I have already sent about two hundred men from 
hence, since I have had the Advice of the Surrender 
of it, & hope to send off as many more within a 
few days, besides about four hundred men that went 
from this Province about a Week before we had the 
News of the Surrender. Therefore I must earnestly 
desire you to give speedy Orders for the raising the 
three Hundred men you mention for the Defence of 
the Place against any sudden Attack in the first 
place, or if there should be none for the relief of 
others now at Cape Breton, that they may be sent 
without Delay. 

I am Sir 
Your Honour's most obedient. 

Humble vServant 
W SHIRLEY 

The Hon"^ Gov"" Law ' 

[Indorsed] Gov' Shirley July 16 1745 



ELIAKIM PALMER. 343 

ELIAKIM PALMER TO JONATHAN LAW 

London 17''' July 1745 
Sir 

This accompanys Coppy of my last to you which 
I now confirm, and at the same time have the hon- 
our and pleasure of Acquainting you that the Peti- 
tion of M"" Samuel Clark to his Majesty in Councill 
for leave to Appeal from the Judgment of your Courts 
pursuant to the Order of Councill in the Year 1727 
having been read before a Committee of Councill & 
the Case learnedly Argu'd by his Majes''*^^' Attorney 
& Solicitor Generall in behalf of the Province & M' 
Thomas Towsey (the Respondent) was order'd to be 
Dismiss'd, although great Stress was laid on the pre- 
cedent of Winthrope & Lechmere, and as there will 
not be time to procure a Coppy of the Order before 
the sailing of this Ship w^'' goes by way of New 
York I must defer sending it till an Oportunity offers 
thro : Boston w°^ will be in a few Days. 

Wee daily expect to hear that our Brave Amer- 
icans have succeeded in their Expedition against Cape 
Breton by w''' undertaking they have acquird the 
greatest Honour, and as Pm informed by other Hands 
that the Colony of Connecticut have been greatly as- 
sisting therein I hope when I have their Instruc- 
tions to apply for it I shall have no Difficulty in 
procuring a Reimbursement of the heavy Charges w'^'' 
must necessarily have attended such an- Affair. I hope 
soon to be honour'd w"" Letters from the Colony (it 
being almost two Years since my receipt of their last) 
& beg Leave to subscribe myself Yours & their 
Most Faithfull 

& Obed^ hum'^ Serv' 

ELIAK^i PALMER 

P S. I should have acquainted the Colony that 



344 LAW PAPERS. 

I have not yet been able to recover from the Exf* 
of M"" Wilks their late Agent the Ballance due to 
the Colony on Acco" of a Difference subsisting be- 
tween them & said Wilks's partners but hope soon 
to have the Acco" Delivered me and in the mean- 
time hope it will be tho*^ necessary To have a sum 
of Money lodg'd in Eng*^ for the service of y^ Colony 
To the Hon^'^« Jon^ Law Esq^' 

[Indorsed] Agents Letter July 17 1745 

JOHN CATHERWOOD TO JONATHAN LAW 

Sir 

Commodore Warrens Dispatches arrived by your 
Express at a time His Excellency was in a fitt of the 
Ague in Bed, very violent upon him, & commissions 
me to acknowledge the Rec^ of one to himself as 
also Dispatches to Gov"" Morris, D Gov' Thomas & 
Gooch which I shall immediatly forward 
I am Sir 

Your most Humble 

& most obed*^ Servant 

JNo CATHERWOOD Secry. 
New York 17 July 1745 
The Hon'''" JON'' Law Esq' 

[Indorsed] Letter from Secry N York July 17^'' 174S 
JONATHAN LAW TO GEORGE CLINTON. 

MiLFORD July 18 1745 
S' 
last night I rec'' an Ace' of the Resignation of 
Louisburgh but dared not to give your Excellency 
an ace* of it because y*" like good Newes I sent you 
sometime since provd a Mistake but now its beyond 
all Question and I herewith inclose to you Gov' 
Shirleys Paquett and doubt not but it contains as full 



JONATHAN LAW. 345 

and authentick Ace'* of that matter as that which I 
have rec'^ 

I would also give you y"' Relation I took last 
fryday about a french fleet under y*" Oaths of y'^ Mas- 
ter and Mate att N Haven w''' I sent on y'^ next 
day to Gov' Shirley and for that end I now inclose 
it to you. 

I would also inform 3^ou again that young Boyce 
and Hurlburt remain safe in our Goal att N. Haven 
and one more concernd in putting off some of y'' 
money has been comitted & is baild. the two Rhode- 
island plates and y"' N York 20' plate not fully com- 
pleated remain in safe keeping I have rec'' y" Ex- 
amination of the Prisoners by the Justices where one 
of them confessd and accused 22 persons as confed- 
erate and mainly in your Gov' but have not time to 
send Copies. I sent Gentlemen to take y"' Accusers 
Oath in Order to comply with y*-' Opinion of your 
Council, but the penitent palliated y"' matter so that 
he was not admitted for an Evidence. Our chief Jus- 
tices are in doubt whether y*" Matters of fact com- 
itted in your Gov' can be tryd here, so crave your 
Advice whether they shall be sent for Tryal in your 
Courts, but I must not enlarge least I should Delay 
you of a Minute of this happy Intelligence w'^'' will 
rejoyce your Excellencies heart as it has mine, only 
I must let you know that our Assembly have con- 
sented to send 300 men more if wanted 

I am S' refreshed with this good 
News and remain your 

humble Servant 

J LAW 
To George Clinton Esq' 

[Indorsed] Copy of a Letter to Gov' Clinton July 
1745 



346 LAW PAPERS. 

ROGER WOLCOTT TO JONATHAN LAW. 

New London July 19'^ 1745 

I wrote to your Hon"" by Miles and by Bennett 
after the City was taken which I hope Came safe to 
hand : yesterday at sunsett I Arrivd here and brought 
with mee from Louisborgh about yy men Mostly In- 
valids the business at Louisbourg is sending away the 
prisoners to France for which purposs Mumford Coitt 
and Robbins are imployed They are also repairing 
of the walls and houses Coll° Bur Expects to follow 
me in a short time with a number more of our 
forces I am in a very Low state of Health and have 
suffered much pain Especially since the City was 
taken But hope thro Divine Goodness to recover 
and have an oportunity to waitt upon you It was a 
very stife hard service the success makes us forget 
all I am your Hon' 

Most obliged 

very Humble serv^ 

ROGER WOLCOTT 

[Superscribed] To The Hon^'"'^ Jonathan Law Esq' 
In Milford 

[Indorsed] Dep. Gov' July 19"' 1745 

JOSIAH WILLARD TO JONATHAN LAW. 

Sir, 

I am directed by the Governor of this Province 
to desire your Honour to forward the enclosed to New 
York by Express as soon as may be ; We have paid 
the Charge so far as Connecticut 

Your Hon'" humble Serv' 

J WILLARD 
Boston July 20. 1745. 



REPORT OF COMMITTEE. 347 

REPORT OF COMMITTEE OF MASSACHUSETTS GENERAL 

toURT. 

The Committee to whom was referr'd that part 
of His Excellency's Speech which relates to the Ex- 
pedition, having maturely Considered the same, are 
humbly of Opinion & make report. 

That it is of great Importance that the Damage 
done by the Army to the Fortifications and other 
Buildings in the City and Harbour of Louisbourg be 
immediately repaired, and that it is absolutely neces- 
sary that a Competent Number of the Forces be Sup- 
plyed with Sufficient Provisions and warlike Stores 
until His Majesty's pleasure can be known. 

That it is Incumbent upon and for the Honour 
& Interest of this Government to Continue to Ad- 
vance such Sums as may be requisite for vSecuring 
and maintaining for His Majesty this invaluable Ac- 
quisition. And that therefore the Committee of War 
be directed to provide all necessary Materials for ef- 
fecting the aforesaid Repairs and cause the same with 
all convenient Speed to be Transported to the Gen- 
eral at Louisbourg, and that they likewise Furnish 
him with the sum of Two Thousand Pounds in bills 
of Credit of this Province to be paid by such per- 
sons as he shall Appoint to the Workmen Employed 
in said Repairs the said persons to be accountable 
for the same. 

And with respect to the Warlike Stores and pro- 
visions the Committee report that a large Quantity of 
Powder & other Stores has been sent from this Gov- 
ernment which was not arrived at the time of the 
Surrender of the place & that the present Circum- 
stances of this Province will not admit of any fur- 
ther Considerable Quantity of Powder being sent from 
hence until a further Supply shall Arrive. 

That a large Quantity of Provisions also has lately 



348 LAW PAPERS. 

been Transported to Louisbourg but as a considerable 
part of the Armys Stock must have been Employed 
fof' the Transportation of the French Inhabitants to 
France, The Committee are therefore of opinion that a 
further Supply may be necessary, and that the Com- 
mittee of War be directed to procure such a quan- 
tity of each Species as with what is already provided 
shall be Sufficient in their Judgments to Subsist such 
a part of the Garrison Sent from this province as shall 
be Judged necessary to remain there for three months 
from this time. 

And as the Army is in great want of Cloathing, 
the Committee likewise report, that the Said Com- 
mittee of War be directed to make further provision 
in this regard and cause that the Army be Supplied 
on the most reasonable Terms. 

The Committee further report, that the Committee 
of War be Enabled and directed to pay one Months 
Wages to the Order of each of the Officers and Sol- 
diers of the first Enlistment Sent from this province 
and who are Sui juris, and to Masters and Parents 
of each of those vv^ho are Servants or under age upon 
its appearing to said Committee of War by certificate 
from the Commissary of Each Regiment and the Gen- 
eral Commissary that such Officer & Soldier has one 
Months pay remaining due over and above What he 
has yet received or taken up, and that Letters be 
Sent to the Governments of Connecticut & New 
Hampshire Acquainting them with the Resolutions 
of this Court that they may also Provide for their 
Proportion of the Forces as they see cause. 
By Order of the Committee 

J Osborne 
In the House of Represent''^' July 20: 1745. 

Read & Accepted, Also Voted that a Congrat- 
ulatory Address be prepared to be presented to His 



REPORT OF COMMITTEE. — WILLIAM SHIRLEY. 349 

Most Excellent Majesty upon this Acquisition to His 
Majestys Dominions. Also a Petition to His Majesty 
for Relief under the heavy burthen occasioned by 
the Said Expedition. And the Committee of War 
are directed to prepare the Address and Petition ac- 
cordingly. 

Sent up for Concurrence. 

T CUSHING Spk'- 
In Council July 20: 1745. 

Read & Concurr'd J Willard Secry 

Consented to, W Shirley 

Copy examined '^ J Willard Secry 

[Indorsed] Report upon the Gov" Speech att Boston 

Ji-^iy 1745 



WILLIAM SHIRLEY TO JOHN BRADBURY. 

Boston July 22'' 1745. 
Sir 

I have reced your Letter of the 16"' Instant 
July giving me an account of the assault committed 
by the Indians upon your Fort and other places near 
you M' Miliken tells me that you are positive that 
you Saw some of the Penobscutt Indians among the 
Assailants & particularly that you saw one of those 
that had been in under a pretence of Friendship to 
Inform you of these Designs. By your Letter you 
seem to apprehend that the penobscutt Indians are 
generally in these acts of Hostility. However I think 
it will be best that if any of the said Penobscott 
Tribe shall appear near the Fort that you hoist a 
Flag of Truce to call them in to an Interview with 
you and if you can obtain any Speech with them I 
would have you read my Letter to 'em which I sent 
bv M' Miliken and also tell them that I am Informed 



350 LAW PAPERS. 

of this Violation of Treaty and that if the body of 
the penobscutts are engaged with otir Enemies I shall 
immediately Declare War and pursue them with all the 
Resentment which so horrid an act of Treachery & 
Wickedness Deserves, but if they profess that the 
Body of the Tribe are against these proceedings and 
are Disposed to peace I expect and insist upon this 
proof of their vSincerity that they deliver up those of 
their people as have been in arms against us and 
have Jo^med with the party of Indians who have as- 
saulted us and that you will give them the space of 
Seven Days only for their either delivering up these 
murtherers or giving five Hostages of some of their 
principal men to Secure the Delivery of the Said In- 
dians in the Space of Seven Days more 

I am Sir your Friend & Servant 

W SHIRLEY 

P. S. Give me a full account of these affairs with 
all possible dispach 

To Cap' Jabez Bradbury 

Copy exam''. J Willard wSecry 

[Indorsed] Shirley to Bradbury 

ANDREW BURR TO JONATHAN LAW. 

LouiSBOURG July 23'': 1745 

Much Hori" S' 

This waits upon y'' Hon' to acquaint you that the 
two Companies Raised in Connecticut are arived safe 
at Louisbourg and one hundred & fifty men with 
proper officers from Rhode Island and according to 
their assemblys desire are Joyned to my Regiment 

I designed upon their arival to have Come home 
my self and have had two hundred of y'' Troops 
under my Command to have been Released, we hav- 



ANDREW BURR. 35 1 

ing- but two Transports I agreed with Cap^ Cooper 
to Gary our Indians (which were very uneasy) and 
Cap' Lee Cap*- Church & some others that were 
urgent to go home and have agreed to Give him 
ninety pounds to bring forty five of them to New 
london which I hope y*" Government will pay — y'' 
Hon'' doubtless has heard that three of our Trans- 
ports were taken into the Kings pay y*" 24"' of June 
Last and are Gone to France to Carry Prisoners — 
Cap*^ Woster is since Gone in a snow belonging to 
y*" Army, for y*" same purpose, the french are most 
of them transported to France & Boston, as to y*" 
Number of Troops that are to keep Garrison here 
y*^ General and Council of warr here will not as yet 
determine, but wait for the Coming of Gov"" Shirley 
or advice from him 

Those men that have been in the army from the 
begining y"' most of them Insist upon Returning 
home according to y*" act of assembly & Proclama- 
tion they are almost Naked for want of Clothing, as 
for those that Came last I Cannot Tell how many 
of them are willing to stay over y*" winter. So that 
upon the whole I believe it will be absolutely neces- 
sary that if the assembly have not Impowred any 
Councel of Warr or Com''" with power to send troops 
& provisions to this place to Relieve those that are 
here, it will be absolutely necessary to Call an as- 
sembly for that purpose — The season of the year will 
not admit of much delay in this Matter. I trust that 
in a few days I shall be able to write to y'' Hon"" 
what number from Connecticut will be necessary to 
Tarry here all winter, or Come home myself to ac- 
quaint y' Hon'' with it. tho I am doubtful! whether 
I shall Return till Gov' Sherly Comes, or here from 
him. This day two of our ships Took a french ship 



352 LAW PAPERS. 

in sight of the Harbour but are not yet Come in, 
so that I Cannot Give you any further account of it. 
Cap' Church will Give your Hon' a further and more 
particular acc"*^ of . y'' army and Circumstances thereof 
than I Can at present write to you : some of our 
officers are willing to Raise Recrits and to return 
again to Louisbourg provided they Can have higher 
Commissions, particularly L' Beadle & Ens" Whiting 
and L'' Smithson. I shall always be ready to Receive 
y'' Hon""* Commands & acquaint your Hon'' with every 
thing that Concerns our Government while I Tarry 
here, & shall Conclude with wishing Health & Pros- 
perity to y'' Hon' & Gentl" of the Assembly — 
I am y' Hon'* Most 

Obedient Hum'"' Serv' 

AND^^' BURR 

P : S I Trust y^ General and Commodore will not 
Release our two vessels as yet seeing we have but 
two Transports in the Government pay 

[Superscribed] To The Hon''''' Jonathan Law Esq'' 
Governour of Connecticut att Alilford '|^ Cap' 
Church 

[Indorsed] Coll' Burrs Letter Aug" ii 1745 rec'^ 
PETER WARREN TO JONATHAN LAW. 

Lewisp>ourg July 25. 1745 
5/;- 

I have the pleasure to tell you, that Two of my 
Squadron, have taken a Rich East India Ship, and 
that we propose to sell her Cargo here, if the Mer- 
chants will come from the CoUonys to purchase it. 

Herewith I Inclose you an Advertisement, which 
I desire you will get Printed, and distributed about 
your Governm' ; in order to the peoples being here 
in time, as the Season is now far advanc'd. 



PETER WARREN. — PROCLAMATION. 353 

I am in daily expectation of the Provisions and 
Men, that I wrote to you for ; for the Protection of 
this Important Garrison. 

I am with Great Regard Sir 
y Most Obedient 

humble Servant 

P WARREN 
His ExcelP' the Gov'' of Connecticut 

PETER WARREN'S PROCLAMATION. 

LouiSBOURG July 25"^: 1745 
Whereas a very valuable French East India Ship 
from Bengal, called the Charmont, was lately taken 
by two of his Majesty's Ships of Commodore War- 
ren's Squadron, and is brought into this port, having 
on board a large Quantity of Muslins of various Sorts, 
plain and embroidered, and all other Sorts of Cot- 
tons, a large Quantity of Handkerchiefs of various 
Sorts for men and women plain and embroidered, Seer- 
succers, a large Quantity of raw Silk, and Kirman 
Wool, Table Linnen, a large Quantity of pepper, and 
a variety of other valuable Merchandize yet unknown. 
This is to notify all persons inclining to purchase 
any of said Goods, that the above mentioned Ship and 
Cargo will be condemned in this port, and the Sale 
of said Cargo will begin in about a Month from this 
Date. 

P WARREN 

JABEZ BRADBURY TO WILLIAM SHIRLEY. 

Georges July 29^'' 1745 
J\lay it Please your Excellency — 

The third day of our being Attackt by the In- 
dians, and before I rec'' your Ex''^'* Orders for So do- 
23 



354 LAW PAPERS. 

ing being- desireous of Knowing who of the Penob- 
scotts were amongst our Enemys, I put up a Flagg 
of Truce, one of the Indians came in, Capt Bane and 
I went out to the otliers who were thirty five in 
Number many more being up the River, at the Same 
time, burning Houses and Killing Cattle whom we 
Saw not. Amongst those we Saw were nine Penob- 
scotts, the Chief of whom were Sebohooset, one called 
Rich Outrea & Paternion men well known here. I 
Read y' Excellencys Letter to them thrice that they 
might fully understand it They sayd it came too late 
and added that we had broak the peace by refusing 
them Powder at the Truck Houses, and the taking 
a S' Johns Indian Last fall the Man mentioned in 
my Last Letter they Killed and Scalp't. We brought 
him in and buried him, and I hear that a Dutch- 
man at Broad Bay was killed and wScalp't by the In- 
dians about the Same time they were here. 

Its now more than ten days Since we Saw them, 
where they are I know not, but Suppose they are 
preparing for more mischief, and Expect vSoon to See 
them here. I hope y'' Ex"' will Send Seven men to 
fill up the Company, and also Increase the Number 
if it may be thought best. 

I am y'' Excellencys most obed' 
humble Serv'. 

JABEZ BRADBURY 

His Excellency Governour Shirley 

Copy examined "f J Willard Secry. 



JOHN SHARPE S BILL. 



355 



JOHN SHARPE'S BILL. 

Eliakim Palmer Esq D'" to M' Sharpe 



Towsey 1 



a.ub f- 


Hillary 1742 








Clarke 










1 1 Janry 


Attending M'' Palmer herein 





6 


8 




Retainer to Attorney General 


2 


4 


6 




Attending him 





6 


8 




Like to Sollicitor General 


2 


4 


6 




Attending him 





6 


8 




Attending Entring Appear- 










ance 





13 


4 




Paid fee thereon 


I 


I 







Attending bespeaking Copy ] 










Clarke's Petition and Dis- [- 





13 


4 




coursing the Clerk herein J 










Paid for it 


2 










Attending procuring it &c. 





13 


4 




Copy for You of Clarkes Pe- 










tition 





7 


6 




A Second Copy hereof 





7 


6 


1743-5 July 


Attending on their Motion 










for a day 





13 


4 


6 


Like 





13 


4 


7 


Like 





^3 


4 


12 


Attending Searching for ^ 
finding out and bespeak- 
ing of the following Pa- 













13 


4 




pers Viz' 










Clarke's Petition in 1737] 










for Leave to Appeal frpm }- 


I 


I 







Probates paid for Copy J 










Order of Referrence hereon 





10 


6 




Report 


I 


I 







Order Confirming it 


I 


I 






356 

1 743-12'' July 



LAW PAPERS. 



Petition for Leave to Ap- ] 
peal in Ejectm* Cause i 



I I 





Order Referrence thereon 





10 


6 




Report 


I 


I 







Order Confirming it 


I 


I 







Security Bond 





10 


6 




Petition of Appeale 


I 


I 







Order Referring it 





10 


6 




Order of Committee Appoint- 










ing a day 





10 


6 


28 July 


Attending M'' Palmer 





6 


8 


27^0ct^ 


Attending M'' Palmer 





6 


8 




For Perusing all the Papers ) 


10 


10 







herein & Drawing Breat ) 










I Copy fol 13 


I 


12 


6 




2 More Copies 


n 




5 







2 Copies Petition to Annex 





15 





1 1 March 


Attending M' Palmer 

For Perusing & Considering -^ 





6 


8 




the New Presidents de- [- 





10 


6 




livered me by You &c J 








24 April 


Attending Motion 





13 


4 


II Dec' 


Attending Llotion 





13 


4 


18 April 


Attending Motion 





13 


4 


6 May 


Like Attendance 





13 


4 


7 


Like 





13 


4 


10 


Attending Coimcil Office 





13 


4 


15 


Like 





13 


4 


16 


Attending Motion 





13 


4 


ji8 


Like 





13 


4 


23 


Like 





13 


4 


25 


Like 





13 


4 


II June 


Like 





13 


4 


14 


Attending Council Office here- 










in to fix day 





13 


4 



JOHN SHARPE S BILL. 357 



1743.20 June 


Attending Council Office 





13 


4 


24 


Attending Motion 

Notice Motion Copy & Service 





14 


3 




to dismiss 





5 


4 


27 


Attending Entring it 





13 


4 


28 


Attending Motion 





13 


4 


29 


Like on our Motion to dismiss 
Attending their Motion for a 





13 


4 




day 





13 


4 




Instructing self to move and 










defend 


I 


I 







Paid Fee Order for a day 


2 


2 


6 




Attending Drawing up this 










Order 





13 


4 




Attending Getting Signed and 










Sealed 





13 


4 




Attending Searching for Pres- 










idents 





13 


4 




The like for Instructions &c 










for regulating Appeals and 










procuring Copy 





13 


4 




Paid Fees hereon 


I 


I 







To M^ Att'^y Gen' with Breat 










Clerk and Man 


10 


17 


6 



29 June Attending to Instruct him 

often o 13 4 

To M-- Soir Gen' with Breat 

Clerk and Man 10 17 6 

Attending Instructing him of- 
ten o 13 4 

For Perusing all the Papers "] 
& Instructing self therein |- 2 2 o 
to attend the hearing &c. J 



358 LAW PAPERS 

1 743 -I July 



Attending M"" Palmer 


o 


6 


8 


Attending- Comee taking out 








Sumons 


o 


13 


4 


Paid for it 


o 


16 


8 


Copy and Service 


o 


4 


4 


Attending Council Office ~1 








finding Committee putt 








off and taking out New f 


o 


13 


4 


Sumons J 








Paid for it 


o 


16 


8 


Copy and Service 


o 


4 


4 


Attending Council hereon 


o 


6 


8 


Attending Council Office to ^ 








see if Comee stood and \- 





13 


4 


taking out new Sumons J 








Copy and Service 


o 


4 


4 


Paid for it 


o 


16 


8 


Atteijding hearing 


2 


2 





Paid Fees 


I 


1 1 


6 


Attending Drawing up Report 


O 


13 


4 


Paid Fee thereon 


I 


10 





Attending Entring in Paper ) 


o 


13 


4 


of Council Business ) 




Attending Council when Con- 








firmed 


o 


13 


4 


Attending Drawing up Order 


o 


13 


4 


Attending Getting Signed & ) 


o 


13 


4 


Sealed & taking out ) 








Paid for it 


3 


12 


6 


Close Copy 


o 


2 





Coach Partridge Incident Ex- 








pence thro' out 


I 


I 






105 15 o 



JOHN sharpe's bill. 359 

July 1745 Reced of You on i\cc' as f^ 

Rec* 52 10 o 



Remains due 53 50 

Reced this 31 of July 1745: 
of Eliakim Palmer Esq the 
full Contents of this Bill 

Jn°: Sharpe 
[Indorsed] M'' Sharpes Bill of Costs 
to M' Palmer in the Cause of 
Clarke ^ 

r 
Towsey J 



ag' 1- 1745 



NOTE. 

The Journal of Roger Wolcott at the Siege of Louisbourg, extending 
from May 30, to July 30, 1745, is printed in the first volume of the Collections 
of the Connecticut Historical Society. 

ERRATA. 
Page 49. For Jonathan Lord read Jonathan Law. 
Pages 67, 71, 7S. For Bourryan read Bourryau 
Page 349. For John Bradbury read Jabez Bradbury. 



INDEX. 



Abbott, Daniel, member Rhode Island boundary committee, 49"; men- 
tioned, 44. 45. 

Adams, Rev., mentioned, 124, 125. 

Adams, Mr., mentioned, 316. 

Adams, Jeremy, mentioned, 151. 

Admiralty Office, letter dated at, 112. 

A.gent for Connecticut, see Bourryau ; Palmer ; Wilks. 

Albany, documents dated at, 183, 195; mentioned, 54, 173, 175, 183, 191, 
192, 204, 244, 263, 282; congress for conference with Indians, 191. 

Alexander, James, account of, 54" ; council for New Jersey in Mohe- 
gan case, 54. 

Allyn, Secretary John, mentioned, 158. 

Amelot, French declaration of war signed by, 132. 

"American Act" concerning impressing seamen, 116"; opinions on, 
116; mentioned, 127. 

Andrew, Samuel, mentioned, 203. 

Andrews, Ebenezer, soldier, 210. 

Annaball, Anthony, soldier, 209. 

Annapolis, mentioned, 292. 

Annapolis, Royal, Mass. to send troops to, 181 ; measures for defense 
of, 240; mentioned, 245, 254, 325. 

Anne, Queen, mentioned, iii, 112, 115, ri8, 119, 127, 167. 

Anthony, sailor, 4. 

Antigua, mentioned, 122, 272. 

Arnold, Hannah, mentioned. 39. 

Arnold, William, soldier, 209. 

Ashbur, Samuel, soldier, 330. 

Ashley, mentioned, 177. 

Ashley, Lieut. Ezekiel, soldier, 330. 

Ashley, Ezekiel, Jr., soldier, 330. 

Ashuelot, mentioned, 336, 339. 

"Astrea" storeship, mentioned, 118. 

Auchmuty, mentioned, 40. 

Austin, mentioned, 10. 

Avery, Rev. Benjamin, account of, 58"; chairman of committee for the 
churches, 59; letter written by, 79; letter written to, 70; men- 
tioned, dy, 69, 124, 125, 131, 139, 239, 250, 251 ; recommends Elia- 
kim Palmer as agent, 59. 



362 LAW PAPERS. 

Avery, Col. Humphrey, surveyor, 49". 
Avery, James, decree of in !Mohegan case, iii. 
Avery, John, decree of in ^Nlohcgan case, iii. 
Aves, Capt., mentioned, ^S- 
Azores Islands, mentioned, 48". 

Baker, Capt., mentioned, 273. 

Baker, William, letter written by, 145. 

Balston and Palmer, to receive Eliakim Palmer's salary, 139. 

Baltimore, Lord, account of, 114"; letter written by, 112. 

Barbadoes, mentioned, 122, 282. 

Barker, Lieut., appointed to recruit, 14; mentioned, 17. 

Barker, John, mentioned, 130. 

Barlow, David, soldier, 210. 

Barlow, John, soldier, 209. 

Barnet, James, soldier, 330. 

Barnes, Thomas, mentioned, 222. , 

Barnum, mentioned, 197. 

Barton, Jose])h, Jr., soldier, 208. 

Bascet, Samuel, soldier, 210. 

Bates, Samuel, soldier, 208. 

Battery at New London, men to be enlisted for service at, 200; men- 
tioned, 203. 

Baxter, Simon, soldier, 330. 

Beach, Samuel, soldier, 210. 

Beadle, Lieut., mentioned, 352. 

Beardslee, Nathan, soldier, 209. 

Bears, Ephraim, Jr., soldier, 210. 

Bears, Josiah, soldier, 209. 

Beckett, mentioned. 292. 

Belcher, Gov. Jonathan, account of, 251"; his acts in London, 251. 

Belcher, Jonathan, Jr., mentioned, 58". 

Benefit of clergy, described, 285". 

Benedict, Daniel, soldier, 208. 

Bennett, mentioned, 346. 

Bennitt, Hezekiah, soldier, 209. 

Bently, James, soldier. 330. 

Berry, Col., mentioned, 256. 

Berry, Thomas, appointed commissioner by Mass., 175 ; document 
signed by, 195. 

Betts, Thomas, soldier, 207. 

Bill, Kitchel, soldier, 208. 

Bills of credit, action to prevent depreciation of, 98, 99; see paper 
currency. 

Bingham. Jabez, icldier, 330. 



INDEX. 363 

Bishop, Person, soldier, 208. 

Blackman, Zachariah, soldier, 209. 

Black Point, mentioned, 128. 

Black River, mentioned, 263. 

Bladen,*Martin, account of, 222"; letter signed by, 221. 

Bladwell, Capt., letter from, 120. 

Block Island, mentioned, 221, iTJ, 278. 

Blyss, John, soldier, 330. 

Board of Trade, letter written l)y, 221. 

Bolt, William, soldier, 208. 

Bond, method of canceling, 232. 

Booth, Daniel, soldier, 209. 

Booth, Gideon, soldier, 209. 

Booth, James, soldier, 330. 

Borlew, Lieut., mentioned, 311. 

Bosch, mentioned, 289. 

Boston commissioners for Indians, 82". 

Boston, documents dated at, 174, 180; letters dated at, 17, 31, 39, 56, 
58, 98, 124, T30, 131, 172, 225, 244, 250, 253, 255, 258, 259, 264, 265, 
268, 272, 278, 283, 284, 295, 298, 302, 307, 310, 315, 317, 325, 332, 
ZZ7, 338, 342, 346, 349; mentioned, 39, 57, 82. 102", 118, 177, 183, 
227, 23T, 240, 297, 300, 311, 2,2,1, 351. 

Bosworth, mentioned, 284. 

Boundary with Rhode Island, committee for marking appointed, 49; 
marking of postponed, 49 ; marked, 49" ; to be marked, 44, 45. 

Bourryau, Zach., desires to be agent for Conn., 51, 54; letters written 
''Y' 5^- 78; letter written to, 71; mentioned, 67, 360. 

Bouton, David, soldier, 207. 

Boyce. counterfeiter, 312; in jail, 345- 

Boyce, Joseph, mentioned, 284. 

Bradford, Capt., mentioned, 291. 

Bradbury, Jabez, letter written by, 353; letter written to, 349; men- 
tioned, 360. 

Bradley, Daniel, mentioned, 260. 

Bradstreet, Col., mentioned, 294. 

Brattle, Col. William, mentioned, 315. 

Braynerd, Elizer, soldier, 330. 

Breed, sailor, 4. 

Brenton, Jahleel, decree of in Mohegan case, iii. 

Brest, mentioned, 223. 

" Brilliant " ship, mentioned, 223, 224. 

Bringhingham, Partridge, sailor, 4. 

Brinslee, Joseph, soldier, 210. 

Britton, Capt., mentioned, ZZ2,- 

Broad Bay, mentioned, 354. 



364 LAW PAPERS. 

Brown, Francis, Jr., soldier, 207. 

Brown, John, sailor, 4. 

Brudenell, Hon. James, account of, 222"; letter signed by, 221. 

Buckingham, Joseph, member of committee of war, 190". 

Buckley, Jabez, soldier, 209. 

Buel, John, soldier, 330. 

Bulkeley, Col. John, agent of Conn, in Mohegan case, 95 : document 

signed by, 94; member of governor's council, 210; mentioned, 96, 

124, 125. 
Bull, Jonathan, deed from mentioned, 128. 
Burbeen, John, mentioned, 268. 
Burchard, Isaac, soldier, 207. 
Burley, Ebenezer, soldier, 208. 
Burnham, mentioned, 298. 
Burnham, Capt., mentioned, 4, 48. 
Burnham, Isaac, soldier, 330. 
Burnham, Rev. William, mentioned, 5, 42". 
Burr, Col. Andrew, colonel in expedition against Louisbourg, 260; 

letters written by, 259, 350; mentioned, 65, 275, 277, 346. 
Burr, Andrew^ Jr., soldier, 209. 
Burr, John, list of soldiers from regiment of, 209. 
Burril, Charles, Jr., soldier, 209. 
Burton, John, soldier, 209. 
Bush, Samuel, soldier, 208. 
Burt, Rev. Enoch, mentioned, 5". 
Butler, Stephen, soldier, 210. 

Byfield, Nathaniel, decree of in Mohegan case, iii. 
Byles, Capt., mentioned, 273. 

Cable, sailor, 4". 

Cable, Jonathan, sailor, 4". 

Cailus, Chevalier de, may attack British West Indies, 2S1. 

Calendar, Gregorian and Julian, mentioned, 135". 

Callary, Morris, soldier, 208. 

Calmady, Capt., mentioned, 309. 

Calvert, Charles, account of, 114". 

Cammel, John, sailor, 4". 

Canaan, mentioned, 206. 

Canada, governor of, 244 ; mentioned, 47", 182, 185, 194, 293. 

Cane, Jacob, soldier, 208. 

Caner, mentioned, 33. 

Canfield, Samuel, mentioned, 43, 302, 321, 329. 

Canso. fortifications at being rebuilt, 324; mentioned, 244, 270, 279, 289, 

291, 293, 294. 
" Canterlniry " ship, in Louisbourg harbor, 309. 



INDEX. 365 

Cape Ann, mentioned, 273. 

Cape Breton, mentioned, 130, 222-224, 255, 257, 259, 260, 264-266, 273, 279, 

281, 282, 286, 295-298, 303, 304, 307, 310, 315, 318, 320, 330-332, 

337, 342 ; news from sought, 335 ; see Louisbourg. 
Cape Cod, mentioned, 204. 
Cape Vert, mentioned, 292. 
Captains of ships in America, document addressed to, 117; letters 

written by, 118. 
Caricr, John, soldier, 330. 
Carmer, Nicholas, mentioned, 219. 
Carolina, mentioned, 119^ 120. 
Carter, Capt., mentioned, 206, 208. 
Carthagena, mentioned, 67". 
Casamaj'or, John, letter written by, 145. 
Case, Alpheses, soldier, 330. 
Case, Timothy, soldier, 330. 
Castle William, mentioned, 245. 
Catherwood, John, letter written by, 344. 
Catlin, soldier, 330. 
Cavanaugh, Peter, soldier, 208. 

Celebration in honor of capture of Louisbourg, 333, 335. 
Chandler, Capt. John, surveyor, mentioned, 102", 106. 
Chapeau Rouge Bay, mentioned, 289, 291. 
Chapin, Aaron, s?ilor, 4". 
Chapin, Stephen, sailor, 4". 
Chapman, Albert, soldier, 208. 
Qiapman, Jed., document signed by, 127. 

Chapman, Capt. Samuel, letter written by, 310; mentioned, 206, 208, 277. 
Charles II, King, mentioned, 28, 105. 
Charles VI, Emperor, mentioned, 132, 135. 
Charter of Conn., Rev. Benjamin Avery thinks it in danger, 250; not 

sent to England, 241. 
Chester, John, member of committee of war, 320. 
"Chester" ship, in Louisbourg harbor, 309; mentioned, 310. 
Childe, George, soldier, 330. 
Choate, John, appointed commissioner by Mass., 175; document signed 

by, 195- 
Chote, Capt., mentioned, 256. 

Christophers, Richard, agreement by Indians with, 128. 
Church, Capt., mentioned, 336, 351. 
Church, Aaron, soldier, 330. 
Churchy, Noah, soldier, 330. 
Clapp, Oliver, soldier, 330. 
Clark, Capt. Daniel, mentioned, 109". 
Clark, Nicholas, soldier, 330. 



366 LAW PAPPZRS. 

Clark, Samuel, bill of exchange to be paid to, 12; not paid, 18; going 
to England, 10, 11; mentioned, 23, 30, 57, 246, 355; prosecuting 
appeal of case of Clark vs. Tousey, 23 ; petition to Lords Justices 
mentioned, 93; petition to Privy Council dismissed, 93"; petition 
for new hearing dismissed, 343; see Clark vs. Tousey. 

Clark vs. Tousey, account of the case, 67" ; appeal allowed by King in 
Council, 52; discussion of, 69; Law's advice regarding, 24, 27, 
;i^; Law's instructions to agent on, 66, 68; Law's observations on, 
67; mentioned, 93, 139, 239; observations on, 77; petition for new 
hearing on dismissed, 93^^, 343; review of by Zach. Bourryau, 52; 
by John Sharpe, 72 ; see Intestate estates law. 

Clarke, Robert, mentioned, 284. 

Clason, Jonathan, soldier, 207. 

Clinton, Gov. George, account of, 212"; letter to be sent to, 211; letters 
written by, 217, 228. 245, 281, 302; letters written to, 212, 227, 
248, 321. 344; mentioned, 188, 226, 229, 295, 312, 339-341: pro- 
posals of Mass. commissioners to, 195 ; speech of Indians to, 186. 

Clugston, Capt., mentioned, 205, 207. 

Coggeshall, mentioned^ 204. 

Coit, mentioned, 346. 

Coit, Daniel, document signed by, 178; mentioned, 87; signs New 
London's address to the king, 180; signs vote of New London 
town meeting, 178. 

Coit, John, sailor, 4". 

Coit, Solomon, on New London's committee, 178. 

Cokbourne, J., letter written by, 112. 

Coke's institutes, mentioned, 27. 

Colchester, mentioned, ic8", 167. 

Golden, Dr., mentioned, 243. 

Golden, Gadwallader, commissioner in Mohegan case, loi"; documents 
signed by, 96, loi ; opinion on ^lohegan case, 102. 

Cole, John, soldier, 207. 

Golman, Rev. Benjamin, account of, 58"; his efYorts to aid Conn, 
through friends in England, 125; letters written by, 58, 124, 250; 
letter written to, 69; mentioned, 70, 79, 131, 243. 

Colrain, mentioned, 264. 

Colton, Rev. Benjiuriin, mentioned, 5, 42". 

Comet, seen, 33. 

Commis, Gideon, soldier, 330. 

Commission of Mass. commissioners to make agreement with other 
colonies, 174. 

Commissioners appointed by Mass. to treat with Indians, 173. 

Conmiissioners, meeting of from the several colonies proposed, 211; 
considered, 212. 

Commissioners to treat with other colonies, not appointed by Conn., 228. 



INDEX. 367 

Common law, principles of, 71. 

Connecticut, asked to send more troops tO' garrison Louisbourg, 326; 
appoints fast day, 212, 271; balance in England, 12; how balance 
is invested, 23; charter mentioned, 156; commissioners from con- 
fer with Indians, 183, 185, 186, 188, 193 ; committee of war men- 
tioned, 198, 270, 271 ; names of members of, 190"'; deed of land 
from Indians to, 149; ecclesiastical situation in, 5; efforts of 
Rev. Benjamin Colman to aid through friends in England, 125; 
Francis Wilks' account with, 247 ; frontier towns need protec- 
tion, 190; law book received by agent in England, 139; letter 
written by committee of war, 318; letters written by colony's sec- 
retary and treasurer, 20. 22, 46; letters written to, 44, 214; men- 
tioned, 175, 295 ; more troops desired from, 295 ; ordered raised, 
336; part taken by troops from in siege of Louisbourg, 314; pro- 
visions at Louisbourg belonging to, 315 ; recruits to be enlisted 
in, 15; to aid in defense of Annapolis Royal, 249; to be put in 
"posture of defense," 100; transports gone tO' France, 351; un- 
successful recruiting in, 17 ; votes to send more troops to the war, 
296; votes to raise troops to send to Hampshire county, 297; 
see General Assembly ; Governor ; House of Representatives ; In- 
testate estates law. 

Conn, troops, about to sail, 274; about to March for transports, 277; 
about to board transports, 280; arrived at Louisbourg, 350; have 
sailed, 340; saiHng from New London, 331; stores should be 
sent to at Louisbourg, 319; unwilling to stay at Louisbourg over 
winter, 351; convoy wanted for, 332; criticism of, 333; sail from 
New London, .282. 

Connecticut sloop, account of cruise of, 200; cruise of mentioned, 
200, 227; cruising, 219, 229; manned and equipping for a cruise, 
201 ; men to be enlisted to serve on, 257; ordered to cruise, 192; 
proposed cruise of mentioned, 204;; see "Defense." 

Connecticut boundaries, see Boundary; Rhode Island. 

Connecticut State Library, mentioned, 102". 

Cook, Nathaniel, soldier, 330. 

Cooke, John, soldier, 209. 

Cooper, Capt., mentioned, 351. 

Coram, Capt. Thomas, mentioned, 125. 

Corbett, Thomas, account of, 114"; letter written by, 114. 

Cornwall, Capt., mentioned, 309. 

Cortlandt, Philip, commissioner in Mohegan case, loi"; documents 
signed by, 96, lor ; opinion in Mohegan case, 102. 

Corwin, George, mentioned, 266. 

Cotton, mentioned, 99. 

Council of war, mentioned, 257. 

Counterfeit bills, arrest for passing, 248; discovered, 56; measures 
taken about, 345 ; mentioned, 328. 



368 LAW PAPERS. 

Counterfeiters, account of, 285 ; discovered, 312. 

Counterfeit plates secured, 321. 

Counterfeiting mentioned, 227. 

Craige, Capt., captured by the French, 298; mentioned, 51, 131. 

Croswell, Andrew, letter written by, 38. 

Croswell, Joseph, Indian interpreter, 37. 

Crown Point, mentioned, 263. 

Curtiss, Samuel, soldier, 210. 

Curtiss, Thomas, soldier, 210. 

Cushing, Thomas, document signed by, 180; mentioned, 100, 181, 253, 

349- 
Cutter, Capt., mentioned, 294. 

Danbury, mentioned, 48". 

Danridge, Capt., mentioned, 122. 

Darling, David, soldier, 209. 

Davis, Capt., mentioned, 273. 

Davis, Joseph, soldier, 208. 

Davis, Samuel, Jr., soldier, 209. 

Day, Corp. Daniel, soldier, 330. 

Dayley, John, soldier, 330. 

Decree of commissioners in Mohegan case, lor. 

" Defense " sloop, instructions to captain of, i ; laid up at New London, 

3; names of crew, 4"; placed in commission, 47; Roger Wolcott 

sails on, 282 ; see Connecticut sloop. 
DeLancey, James, commissioner in Mohegan case, loi". 
Denison, Capt., mentioned, 277. 
Denison, Daniel, on New London's committee, 178. 
Desoncourt, Peter, mentioned, 226. 
Devivier, mentioned, 321. 
Dick, Richard, soldier, 330. 
Dimeck, Capt., mentioned, 301. 
Disney, Charles, soldier, 208. 
Dispatches received from England, 130. 
Dissenters, committee to care for affairs of mentioned, 213 ; mentioned, 

124, 250; their position and influence in England, 59. 
Dixon, Charles, soldier, 330. 
Donahew, Capt., mentioned, 292, 293. 
Douglass, Capt., mentioned, 309. 
Douglass, A'largaret, mentioned, 230, 233. 
Douglass, Richard, mentioned, 230-233, 235-238. 
Douglass, William, mentioned, 230, 233. 
Draike, Ebenezer, soldier, 330. 
Drew, John, soldier, 210. 
DuChambon, letters written to, 304, 307. 



INDEX. 369 

Dudley, Gov. Joseph, decree of in ]Mohegan case, itt; mentioned, 34, 

102, no, 167, 171. 
Dudle\', William, mentioned, 100. 
Duglis, soldier, 330. 
Dnmmer, Jeremiah, mentioned, 25. 
Dunk, Thomas, agreement by Indians with, 128. 
Dunkirk, mentioned, 137. 
Dnrrell, Capt., mentioned^ 309. 

East India ship, captured, 352 ; cargo to be sold, 353. 

Eaton, Joseph, soldier, 330. 

Edv.ards, Capt.^ mentioned, 309. 

Edwards. Daniel, account of, 334'^; documents signed by. 61, 89; letter 

written by, 334. 
Edwards, Rev. Jonathan, mentioned, 240. 
Elizabeth, Queen, mentioned, 27. 
"Elizabeth" sloop, mentioned, 222. 
Ellis, Capt., letters from, 120, 121. 
Elmer, ^Martin, soldier, 207. 
■"Eltham " ship, in Louisbourg harbor, 309. 
Elwell, Samuel, soldier, 210. 

Ely, schoolmaster to Indians, mentioned, 85, 86. 
England, declaration of war against, 132; declaration of war by, 135; 

has declared war against France, 141; mentioned, 114", 251". ■ 
English ship captains, ill treatment of in New England ports, 112. 
English ships of war, difficulty in keeping them manned, 112. 
Enlisting officer, troubles of in raising men, 311. 
Eveleth, Lieut.-Col., mentioned, 273. 
Exchange, rate of with England, 11; sold in England, 20, 22, 46. 

F.MRFiELD, letters dated at, 80, 259; mentioned, 22, 48". 

I'all Town, mentioned, 264. 

Farrand, mentioned, 341. 

Farmington, mentioned, 5". 

Fast day, appointed by Conn., 212, 271 ; appointed by Mass., 268. 

Fawkener, William, letter written by, 145. 

Ferris, Capt, mentioned, 206, 208. 

Ferris, Caleb, Jr., soldier, 208. 

Ferris, John, Jr., soldier, 208. 

Ferris, Peter, Jr., soldier, 208. 

Finch, Daniel, account of, 114". 

Finch, John, Jr., soldier, 208. 

Fitch, Capt. Adonijah, soldier, 330; roll of company of, 330. 

Fitch, James, mentioned, 162. 

Fitch, James, Jr., soldier, 207. 

24 



370 LAW PAPERS. 

Fitch, Col. Thomas, agent in Mohegan case, 54"; documents signed by, 
61, 94; letter written by, 54; mentioned, 97, 311. 

" Flamborough " ship^ mentioned, 119, 120. ' 

Fletcher, mentioned, 289. 

Foot, Ebenezer, soldier^ 210. 

Foot, Peter, soldier, 209. 

Fones, Capt., mentioned, 274, 277, 279. 

Foot, David, soldier, 330. 

Fort Dummer, mentioned, 263, 336. 

Fort Shirley, mentioned, 264. 

Forsdick, Thomas, on New London's committee, 178. 

Fowler, John, mentioned, 43, 84, 92, 130. 

Fowler, Capt. John, member of committee of war, 190". 

Fowler, Joseph, agent in Mohegan case, 54", 95 ; document signed by, 
94; mentioned, 55, 96. 

Fox, Obediah, soldier, 330. 

France, declaration of war against, 135; declaration of war by, 132: 
declaration of war against, mentioned, 172, 173; declaration of 
war against, proclaimed, 177; mentioned. 293, 305, 351. 

Fremon, Phenes, soldier, 330. 

French fleet, reported, 345. 

French privateer, captured, 304; mentioned. 225. 

French ships, affidavits about, 222; captured, 351. 

Frost, Benjamin, soldier, 210. 

Fry, Benjamin, member R. L boundary committee, 49". 

Gage, Capt., mentioned, 123. 

Garrit, John, soldier, 330. 

Gay Head, mentioned, 192. 

Gayton, Capt., mentioned, 264, 272. 

Geer, Isaac, Jr., Indian interpreter, Z7- 

General Assembly, documents addressed to, 36, 38, 42, 6r, 81, 86, 88, 

230, 287; letters written to, 41, 84; report of committees of, 61, 

89, 127; see Connecticut. 
General Consociation, account of meeting of, 41 ; letter written by, 41 ; 

vote of, 5. 
George II, King, address to, 178. 
Georges, letter dated at, 353. 
Georgia, mentioned, 121. 
Gerey, Capt., mentioned, 309. 
Germany, mentioned, 135. 
Gilber, Joseph, soldier, 210. 
Gilbert, John, soldier, 209. 
Gilbos, John, soldier, 330. 
Glastonbury, mentioned, 39". 



INDEX. 371 

Godfree, John, soldier, 209. 

Godfree, Nathan, soldier, 210. 

Gold, Joseph, soldier, 209. 

Gooch, Col., soldiers to be discharged from his regiment, 60; men- 
tioned, 14-16, 344. 

Goodritch, Moses, soldier, 330. 

Goodritch, Corp. Samuel, soldier, 330. 

Gordon, Capt., letter from, 122. 

" Gosport " ship, mentioned, 120, 121. 

Governor of Connecticut, increase in duties of, 93; letters written to, 
14, 60, 316. 

Governor and company of Connecticut, letters written to, 100, 126, 140, 
145, 221. 

Governor and Council of Connecticut, call for meeting of, 210; docu- 
ment addressed to, 210; orders of, 211. 

Governor of Connecticut, see Law, Jonathan. 

Governors in America, letter written to, 114. 

Green, Elijah, soldier, 208. 

Green, Timothy, letter written by, 218. 

Greene, Gov. William, account of, 276" ; letters written by, 173, 199, 
225, 261, 267, 276, 278; letters written to, 192, 204, 227, 273; 
mentioned, 44, 203, 222", 229, 270-272, 275, 277. 

Greenwich, mentioned, loi", 206. 

Gregory, Samuel, soldier, 207. 

Gregory, Thomas, soldier, 207. 

Grentt, Capt., mentioned, 277. 

Griffin, Nathaniel, soldier, 207. 

Griffis, Thomas, soldier, 208. 

Grifing, John, soldier, 330. 

Griswold, John, to petition in behalf of Indians, 83. 

Griswold, Matthev/, Jr., agreement by Indians with, 128. 

Griswold, Walter, sailor, 4". 

Gross, Lieut., mentioned, 202. 

Groton, document dated at, 36; letters dated at, 3, 38. 

Guard ordered to " upper towns " in Conn., 198. 

Guilford, document dated at, 5; mentioned, 41. 

La Guira, mentioned, 122. 

Guyre, Nathan, soldier, 210. 

Haddam, mentioned, 105", 108", no", 167, 168. 
Hail, Nathaniel, Jr., soldier, 207. 

Halt, Col. Jonathan, letter written by, 205; list of soldiers from regi- 
ment of, 206. 
Hal], Capt., mentioned, 277. 
Hall, Eze., letter written by, 145. 



372 LAW PAPERS. 

Hall, Jonathan, sailor, 4". 

Hall, Nathaniel, soldier, 209. 

Halley, Isaac, soldier, 209. 

Halley, Thomas, soldier, 208. 

Hamar, Capt., letter from, 119, 120. , 

Hammond, Elisha, soldier, 330. 

Hampshire County, Conn, to raise troops to send to, 297 ; mentioned, 
266, 270, 271, 284, 339. 

Hancock, Thomas, account of, 31"; letters written by, 31, 56; letters 
written to, 31, 35; mentioned, S3- 

Handay, Jonathan, soldier, 330. 

Hanford, Ebenezer, soldier, 207. 

Hanover, mentioned, 132, 134, 137. 

Hapten, Jos., sailor, 4". 

Hardy, Capt., letters from, 118, 119. 

Harris, Asa, has entered Mohegan Indians' land, 287 ; mentioned, 288. 

Harris, James, has entered Mohegan Indians' land, 287 ; JNIohegan In- 
dians ask his aid, 85. 

Harris, Richard, examination of, 222. 

Hartford, documents dated at, 42, 89; letters dated at, 10. 20, 22, 46, 
176, 189, 242, 271, 296, 310, 318, 332, 334; mentioned. 41, 42, 46, 
55, 85, 104, 172, 177, 189", 190, 192, 198, 218, 231, 242, 270, 275, 
277, 287, 313, 334", 339- 

Hartford West Society, mentioned, 5". 

Haynes, Gov. John, mentioned, 103, 148. 

Hayt, Benjamin, Jr., soldier, 208. 

Headon, John, soldier, 330. 

■" Hector " ship, in Louisbourg harbor, 309 ; mentioned, 339. 

Hempstead, Joshua, mentioned, 230, 236. 

Heniman's survey of line between Conn, and N. Y., 243. 

Henman, Indian land deeded to, 62. 

Henman, Amos, soldier, 210. 

Herbage in Niantic Indians' lands, report on, T27. 

Hill, Thaddeus, mentioned, 22. 

Hill, Capt. Thomas, exchange sold to, 22; fears rem.oval from office of 
sheriff, 80; mentioned, 23, 27, 30, 22, 33, 247. 

Holden, mentioned, 125. 

Holies, see Newcastle, Duke of. 

Hollister, Thomas, mentioned, 151. 

Holmes, Benjamin, soldier, 208. 

Holmes, Benjamin, Jr., soldier, 208. 

Honduras, mentioned, 214". 

Hood, Moses, sailor, 4". 

Hoosuck, mentioned, 264. 

Hopkins, Gov. Edward, mentioned, 103, 148, 152. 



INDEX. 373 

Hore, Capt., mentioned, 309. 

Horseneck, mentioned, 206. 

Horsmanden, Daniel, commissioner in Mohegan case, loi"; documents 

signed by, 96, loi, 147; has Mohegan case commission, 55; his 

minority opinion in Mohegan case, 147; mentioned, iii", 240- 

243 ; opinion in Mohegan case, 102. 
Hosford, Elisha, soldier, 330. 
Houghton, Richard, mentioned, 151. 
" Hound " sloop, mentioned, 122. 
Housatonic river, mentioned, 62. 

House of Representatives of Connecticut, letters written to, 65, 92. 
How, Nathaniel, soldier, 208. 
Hubbard, mentioned, 332. 
Hubble, Ebenezer, soldier. 210. 
Hubble, Thaddeus, soldier, 210. 
Hull, mentioned, 202, 204. 
Hull, Stephen, soldier, 210. 
Hungary, queen of, mentioned, 100, 1S4. 
Hunt, Dr., mentioned, 250. 
Hunt, Joseph, Jr., soldier, 207. 
Huntington, mentioned, 280. 
Huntington, Daniel, mentioned, 98. 
Hurd, Samuel, soldier, 209. 
Hurlburt, a counterfeiter, 312; in jail, 345. 
Hurlburt, Capt. Titus, letter written to, 200; mentioned, 313. 
Hutchinson, mentioned, 99, 244. 
• Hutchinson, Abigail, mentioned, 58". 
Hutchinson, Eliakim, mentioned, 58". 
Hutchinson, Col. Elisha, mentioned, 58". 
Hutchinson, Thomas, appointed commissioner by ■Mass., 175 ; document 

signed by as commissioner, 195. 
Hyat, John, soldier, 207. 

Ili, treatment of English ship captains in American ports, 112. 

Indian affairs at Sharon and Salisbury, report on, 89. 

Ir.dians, attack on settlements by, 354. 

Indian claims at Sharon, report on, 61. 

Indian commissioners, addresses by, 183, 185, 188, 194; addresses to, 
182, 186, 193. 

Indians, conference with, 182, 1S3, 185, 186, 188, 193, 194, 204; have not 
fulfilled agreements, 244; information regarding, 283; interview 
to be had with, 349; interview with, 354; killing whites, 339; 
movements of noted, 263 ; right of herbage, 82 ; suggestion that 
they be restricted within certain limits, 199; to return from 
Louisbourg, 351; see Mohegan; Niantic ; Neguntemauge ; Penob- 
scot ; Pequot ; Potatuck ; Sharon. 



374 LAW PAPERS. 

Intestate estates law, decree against noted, 52"; discussion of, 66-68; 
mentioned, 57; no eldest son ever obtained judgment as heir at 
law, 139; petition for new hearing on dismissed, 343; review of 
the law by John Sharpe, 72; see Clark vs. Tousey; Phillips vs. 
Savage ; Winthrop vs. Lechmere. 

Ireland, mentioned, 15. 

Isle of Man, mentioned, 25, 27. 

Itinerant preachers, their doings and sufferings, 250. 

Jacaway, Aron, soldier, 330. 

Jackson, Moses, soldier, 207. 

Jackson, Robert, letter written by, 145. 

Jacques, Capt., mentioned, 292. 

Jamaica, instructions to governor of, 214; governor of mentioned, 22 [ ; 

mentioned, 16, 25, 27, 118, 214", 272. 
Jannette, Jacques, examination of, 222. 
Jarvis, Joseph, soldier, 207. 
Jennings, Benjamin, soldier, 209. 
Jillit, Stephen, soldier, 330. 
Jones, John, soldier, 209. 
Johnson, Samuel, soldier, 208. 
Judd, Serg. Philip, soldier, 330. 
Judson, Augur, soldier, 210. 
Judson, Lewis, soldier, 209. 
Judson, Peter, soldier, 330. 
June, David, soldier, 207. 

Keeler, Elijah, soldier, 208. 

Keene, Sir Benjamin, account of, 222"; letter signed by, 22T. 

Kellogg, Capt. Martin, mentioned, 283. 

Kennedy, Archibald, commissioner in Mohogan case, loi". 

Kensington, mentioned, 5". 

Kent, men at lack ammunition, 197. 

Ketchum, Capt. Joseph, mentioned, 205, 207; soldier, 207. 

Kilby, Christopher, recommended as agent for Conn., 40, 57. 

Kimberly, Eleazer, mentioned, 158. 

King's instructions, act of Parliament proposed to make them equal 

to acts, 269. 
Kensington, Eng., document dated at, 214. 
Kingston, Jamaica, letters dated at, 14, 60; mentioned, to. 
Knap, Capt., mentioned, 206, 208. 
Knap, Daniel, soldier, 207. 
Knap, Reuben, soldier, 207. 
Kneland, Corp. Joseph, soldier, 331. 
Knowls, deed of Indian lands to described, 62. 
Knowles, Capt., letter from, 122. 
Knox, John, soldier, 331. 



INDEX. 375 

Laikv, David. Jr., soldier, 209. 

" La Mem- " ship, mentioned, 223, 224. 

" La Gironde '" ship, mentioned, 223, 224. 

Lamb, Thomas, agent for sale of Indians' land, 62. 

" Lanceston " ship, in Louisbourg harbor, 309. 

Landell, William, sailor, 4". 

Lane, Henry, commissioner in ^rohcgan case, loi''; document signed 
b'y, 96. 

Laraby, John, soldier, 331. 

"' L'Ardcnt " shi]), mentioned, 22,^-22^. 

" Lark '" ship, in Louisbourg harbor, 309. 

Larons. Samuel, soldier, 331. 

Latham, David, mentioned, 87. 

Lattimcr, Robert, mentioned, 230. 

Law, Gov. Jonathan, asks increase in salary, 65 ; at meeting of council, 
211; chosen governor, i; documents written by, 68, 210; letters 
written by, 12, 21-23, 27, 31, 32, 35, 47, 49, 65, 66, 69-71, 92, 19T, 
192, 200. 203, 204, 212, 213, 227-229, 239, 242, 244, 245, 248, 257, 
270. 275. 296. 312. 314, 328, .329, 338, 340, 344; letters written to 2. 
3. TO. 13. 17-20. 32. 46. 47, 5r, 56, 58, 77-8r, 93, 98, 114, 130, 131, 139, 
143. 172, 173, 176, 177, 189, 197-199, 201, 205. 213, 216-220, 225, 
228, 242, 248, 250, 253, 255, 256, 259, 261, 262, 264, 265, 267-269, 271, 
277, 27S, 281, 283, 284, 29s, 298, 302, 307, 308. 310, 313, 317, 318, 
320, 321, 325, 328, 331, 338, 342-344, 346, 350, 352; member of com- 
mittee of war, 190"; mentioned, 40, 72, 74, 76, 124, 125, 246, 273, 
360; salary of, 65", 92"; sends instructions in Clark vs. Tousey, 
66, 68; statement of his services and salary, 92; to write to gover- 
nor of N. Y., 2IT; see Governor; Fntostate estate laws. 

Laws, how distributed, 218, 218". 

Lay, John, agreement by Indians wiih. 128. 

Leavensworth, Edmund, soldier, 209. 

Lebanon, mentioned, 39", 105", 108", 167, 168, 250. 

" LeBon " ship, captured, 222, 224. 

Lechmere, Thomas, mentioned. 23T-237; sec ^\'ilUhrop vs. Lechmere. 

Ledyard, John, letter written by, 2. 

Lee, Ebenezer, soldier, 331. 

Lee, George, account of, 114"; letter written by, tt2. 

Lee, Sarah (Kirtland), mentioned, 17". 

Lee, Capt. SlepluMi, account of, 17"; mentioned, 18, 3^. 

Lee, Thomas, agreement by Indians with, 128; mentioned, 17"; over- 
seer of Niantic Indians, 84". 

Leeds, Israel, soldier, 207. 

Leeds, Jonathan, sailor. 4". 

Leffingwell. Thomas, decree of in iNFohegan case, in; mentioned. 15 r. 

" L'Elephant "" shin, mentioned, 224. 



376 LAW PAPERS. 

Letter ordered sent to Gov. George Clinton, 2il. 

" Le Vigilant'" ship, captured, 308; in Louisbourg harbor, 309; men- 
tioned, 3t8. 

Lewes, sailor, 4". 

Lewis, Edmund, account of, 199" ; letter written by, 199. 

Lewis, Francis, letters written by, 216, 219; letter written to, 213; 
mentioned, 203. 

Lincoln, Earl of, mentioned, 212". 

Lines, Benjamin, soldier, 209. 

Liquor, allowance of for sailors regulated, 275. 

Lisle, Capt., letter from, 122. 

Litchfield, mentioned, 190. ■> 

"Lively" ship, mentioned, 123. 

Livingston, Philip, letter written by, 243; payment desired by him 
from Mass., 244. 

Lloyd, William, soldier, 207. 

Lockwood, Daniel, soldier, 207. 

Lockwood, Lsrael, soldier, 207. 

Lockwood, John, soldier, 207. 

Lommus, Ezra, soldier, 331. 

London, letters dated at, 18, 19, 51, 77-79, 93, 139, 143, 145, 213, 246, 269, 
343; mentioned, 56, 58, 66, 102", 103, 124, 131-133. 146, 230, 250, 
298. 

Long Lsland, mentioned, 229. 

Lord, Abigail, mentioned, 17". 

Lord, Richard, to petition on behalf of Indians, 83. 

Lord, William, soldier, 331. 

Lords Justices, letter written to, 112. 

Lords of the Adn:iralty, letter written to, T12; document written 
by, 117. 

L'Orient, mentioned, 223. 

Lorraine, mentioned, 135. 

Lothrop, Daniel, account of, 20: exchange sold to, 20: mentioned, 21. 
23, 30, 246. 

Lothrop, Col. Simon, mentioned, 273. 

Louis XV, King, document signed by, 132. 

Louisbourg, account of capture of, 321 ; account of provisions and 
stores captured at, Z2t7 ) account of stores at, 315; account of sur- 
render received, 344; arrival of Conn, and R. L troops at, 350; 
• articles of capitulation of, 304; Conn, asked to send more troops 
to garrison, 326; documents dated at, 286, 315, 353; has sur- 
rendered, 308; invalids arrived from, 346; joy over news of 
capture of, 335; letters dated at, 289, 304. 307, 308, 316, 321, 350, 
352; ]\Iass. ships cruising before, 272; mentioned, 17", 47", 130, 
223-225, 228, 244, 245, 264, 306, 309, 313, 325-327.. 334. 336, ?>?,7> 



INDEX. 377 

340, 352, 360 ; more troops needed for siege of, 303 ; more troops 
needed to garrison, 316, 342; proceedings of troops before, 289, 
299 ; proclamation for encouraging trade at, 340, 341 ; proposal by 
Mass. to attempt its capture, 252, 253, 255 ; provisions and stores 
should be sent to, 347; summons to surrender, 286; to be sur- 
rendered, 307; see Cape Breton. 
Cape Breton. 

Lownsbury, Nathaniel, soldier, 207. 

Lownsbury, Nehemiah, soldier, 207. 

Lydas, mentioned, 282. 

Lyme, document dated at, 8r ; mentioned, 17", 38", 84", 85. 86, 105, 
108", no, 166-168. 

Lynde, Samuel, document signed by. 127; member of governor's coun- 
cil, 210, 211; overseer for Mohegan Indians, 287. 

McClean, Allen, mentioned. 172. 

Mainwaring, sailor, 4". 

i\] alary, Butler, soldier, 209. 

]\Iallery. Nathan, soldier. 207. 

^Nlaltbie, Capt., mentioned, 205, 207. 

Manchester, mentioned, 5". 

Manor Livingston^ letter dated at, 243. 

[Nlanwaring, Thomas, has inclosed Indians' land, 82. 

}ilarblehead, mentioned, 130. 

Marsh, Capt. John, member of committee of war, 190". 

Martha's Vineyard, mentioned, 174, 200, 229. 

Martinique, menticned, 281. 

]\Iarriot. Mary, executrix on Francis Wilks' estate, 247. 

^Martin, Serg. John, soldier, 330. 

Marvin, Capt., mentioned, 205, 207. 

^Marvin, Joseph, soldier. 207. 

^lason, Maj. and Dep. Gov. John, his history of the Pequot war. 102", 
241; land conveyed to, 104; mentioned, 105-109, 154, 157-161, 163, 
164, 166; surrender of Indian land by, 104. 

]\Iason, Capt. John, mentioned, 53", 85, 168-172. 

]\Iason, Peter, mentioned, 109, 169. 

?.Iason, Samuel, about to return from Eng., 19; accused by the Mohegan 
Indians of false allegations. 50; application regarding Indian 
affairs not acted upon, 53; documents signed by, 94, 96, 98; 
mentioned, 33, .39, 53", 55, 85, 107", 108, 109, 109", 125, 240, 24T, 
251; receives money from the King, 125; to pay half of expenses 
of Mohegan case, 95 ; see INIohegan case. 

jMassachusetts. act about depreciation of bills of credit, 99 ; other 
^lass. acts, 180, 252; appoints fast day, 268; asks Conn, to assist 
in defending western frontier, 265, 284; case of intestate estates 
law mentioned, 24, 30, 40; commission of commissioners, 174; 



37^^ LAW PAPERS. 

commissioners confer with Indians, 185, 186, 188, 193 ; letter 
written by, 72; guard vessels mentioned, 225; mentioned, 143. 
218", 251'^; proposals of commissioners from, 195; raises troops 
to send to Annapolis. Royal, 181 ; report of committee of General 
Court. 347; ships cruising before Louisbourg, 264, 272. 

Mathew, Gov., mentioned, 123. 

Maxfield, Ichabod, soldier, 331. 

Mead, Capt., mentioned, 206, 208. 

Mead. Ebenezer, soldier, 210. 

Mead, Gershom, soldier, 207. 

Mead, Zebediah, soldier, 208. 

Merchant. Joseph, soldier, 209. 

" Mermaide " ship, in Louisbourg harbor, 309. 

Mattabesic, mentioned, 105", loS", 167, 168; see ]\IiddIetown. 

Mediterranean sea, mentioned^ 136. 

Methodists, laws against mentioned, 140; mentioned, 239. 

Middlebrook, Ebenezer, soldier, 209. 

Middlesex parish, mentioned, 206. 

Middletown, letter dated at, 3 ; mentioned, 203 ; see ^Mattabesic. 

]\liles, Capt. Samuel, mentioned, 320, 346. 

Milford, document dated at, 210; letters dated at, 12, 21, 23, 27. 31. 
2,2, 35, 47, 49, 66, 68, 71, 191, 192, 200, 203, 204, 212. 213, 227--'2g. 
239, 242, 248, 257, 270, 275, 312, 314, 328, 329, 339. 340, 344: men- 
tioned, TO", 12, 312. 

Miliken, mentioned, 349. 

Miller, mentioned, 276. 

INIiller, Jeremiah, letters written by, 20T, 320, 331 ; letters written to, 
228, 315; mentioned, 43. 

Isliller, ]\Irs. Jeremiah, mentioned, 315. 

Mills, Beebe, soldier, 209. 

Minor, Col. Joseph, account of, 197" ; letters written by, 197, 198. 

Mohegan, documents dated at, 50, 287; mentioned, 170. 

Mohegan case, agents appointed for, 54" ; agreement about expenses of. 
94; certified copy of proceeding in before commissioners of re- 
view, 102"; commission of 1742 mentioned, 53; commissioners of 
review named, loi"; considered 54; copy of commissioners pro- 
ceedings sent to England, 242, 243 ; decree of commissioners on. 
loi, 147; decree of court of 1705 on, 103"; decree of 1705 men- 
tioned. iTi; documents concerning, 94, 96; Indians choose coun- 
cilors for trial of, 50; Law's suggestions upon, 34; mentioned. 
124, 240, 243; opinion of Daniel Horsmanden on, 147; receipts of 
commissioners for their expenses, 96; warrant issued for new 
commission of review, 19; see Mason, Samuel. 

Mohegan Indians, accuse Samuel Mason of false allegations, 50; choice 
of agents, 85; councilors named, 50; deprived of their land, 287; 
documents signed by, 50, 85, 88, 287 ; memorial for confirmation 
of their choice of councilors, 88; mentioned, 14S". 



INDEX. 379 

Monreau, Jacques, examination of, 222. 
Montauk, mentioned, 192, 200. 
Montreal, mentioned, 182. 

Moravians, mentioned, 190, 240, 248; ordered out of Conn., 197. 
Morehouse, Joshua, Jr., soldier, 208. 
Morehouse, Thaddeus, soldier, 210. 
Moreton, William^ soldier, 331. 

Morgan, Capt. John, account of, ^6^; decree of in Mohegan case. in. 
Morris, Col., mentioned, 55. 
Morris, Gov. Lewis, mentioned, 344. 

Morris, Judge Lewis, Jr., account of, 13" ; letter written by, 13. 
Morris, Robert H., commissioner in Mohegan case, loi"; documents 
signed by, 96, lOi ; mentioned, 98; opinion in ^Mohegan case. 102. 
Morrisania, mentioned, 13". 
Morrison, Dr. Norman, mentioned, 336. 
Moses, Bildad, soldier, 331. 
Moulton, Col., mentioned, 202. 
Mountrine, Capt., mentioned, 309. 
]\Iumford, mentioned, 346. 

Murray, retained in Mohegan case, 54; mentioned, 55. 
Murwin, John, soldier, 209. 

Nantasket, mentioned, 318, t,t,2. 

Nantasket road, mentioned, it8. 

Narragansett town number 4, mentioned, 339. 

Neal, Robert, counterfeiter, 56. 

Nealson, John, mentioned, 226. 

Neguntemauge Indians, report on claims of, 6t. 

Negus, Benjamin, soldier, 331. 

Nelson, Andrew, arrested for passing counterfeit money, 248. 

Newberry, Capt. Roger, account of, 67^; his service in Spanish West 

India expedition, 67. 
Newcastle, Duke' of, letters written by, 140. 24S ; letter written to, 321; 

mentioned, 135", 146, 317, 340. - 
Newel. Corp. Daniel, soldier, 330. 
New England, mentioned, 251". 
Newfoundland, mentioned, 212". 

New Hampshire, mentioned, 98, 99, 175, 251", 253, 255, 264, 265, 295. 
New Hampshire troops, mentioned, 273. 
New Hampshire townships, mentioned, 58". 
New Haven, documents dated at, 6r, 21T; letters dated at, 65, 77; 

mentioned, 3, 21, 22, 47, 47", 55, 95, 127, 177, 190", 203, 204, 213, 

216, 218, 230, 312, 345 ; cannon to be fired on the green, 2. 
Newington, mentioned, 283. 



380 LAW PAPERS. 

New Jersey and tlie Jersies, mentioned, 55, loi", 253; privateers com- 
missioned by, 13. 

New London, address to the King and appointment of a committee 
regarding defenseless state of the town, 178; battery located at, 
. 200"; defense of, 202; documents dated at, 85, 178, 330; harbor 
described, 179; letters dated at, 47, 144, 201, 218-220, 273, 279, 281, 
313, 320, 331, 346; men to be detached for service at, 313; men- 
tioned, 3, 17", 84", 87, 102", 104", 108", 109, no, 124, 145", 158, 
166, 169, 171, 204. 219, 230, 231, 2;iT,'2^6, 238, 272, 274, 276, 278, 
287, 298, 310, 315. 329. ;^2>-- 351; transports ordered to. 318; vote 
of town, 178. 

Newman, Henry, mentioned, 124, 125. 

New Milford, mentioned, 43. 

New ]Milford rndians, document signed by, 42; memorial to General 
Assembly for a teacher^ 42. 

Newport, letters dated at, 44, 173, 199, 225, 276, 278, 328; mentioned. 
204. 221, 268, 274, 276, 277. 

Newton, ^laj., mentioned, 280, 329. 

Newton, Roger, member of committee of war, 190" ; member of gov- 
ernor's council, 211. 

New York, bills of counterfeited, 312; counterfeit plates for bills of,. 
345 ; commissioners for Lidians, 82" ; document dated at, 222 ; 
letters dated at, 13, 216, 217, 219, 228, 245, 281, 302, 344; men- 
tioned, 47", 54-56, loi", 103", 120, 121, 17s, 188, 190, 191, 193, 195, 
197, 203, 204, 206, 212, 218", 227, 253, 268, 271, 284, 285, 327, 346. 

Niantic, document dated at, 86, 127. 

Niantic Indians, documents signed by, 81, 86; document relating to, 
127; memorial about their lands being taken from them, 82; me- 
morial about their corn and fences, 86; overseers for, 84"; report 
on herbage in lands of, 127. 

Nicaneag, John, soldier, 331. 

Nickolls, William, soldier, 209. 

Nigonesh, has been taken, 308. 

Northampton, letters dated at, 262, 282 ; mentioned, 240, 282". 

Northey, Sir Edward, mentioned, 34, 112, 115, 127, 241. 

Northfield, mentioned, 263. 

Norwalk, document dated at, 96; letter dated at, 54; mentioned. 48",. 
166, 205, 3TI. 

Norwich, document dated at, 96; mentioned, 20, 21, 27, 96. lor, 104"- 
106", 108", 109", no, 151, 158, 167, 168, 277. 

Nott, Giels, soldier, 331. 

Nottingham, Earl of, account of, 114". 

Nova Scotia, mentioned, 248, 254, 338. 

Oaki.ey, Joseph, soMier, 210. 
Oblong, The, mentioned, 248, 284, 312. 



INDEX. 381 

Odell, Gershom, soldier, 209. 
Oliver, mentioned, 99. 
Olmstead, Jonathan, soldier, 208. 
Ordaway, John, soldier, 331. 
Orvis, Jersham, soldier, 331. 
Osborne, J., report signed by, 347. 
Osburn, Edward, soldier, 210. 
Osburn, Hous, soldier, 209. 
Oswego, mentioned, 245. 
Oiitman, George, soldier, 209. 
Owen, David, soldier, 331. 
Owen, John, letter written by, 38. 

Pach, Quint, soldier, 207. 

Palmer, Eliakim, account of, 58" ; acknowledges his appointment as 
agent, ^^ ; documents sent to, 66 ; his qualifications for position 
of agent, 59; instructions to in case of Clark vs. Tousey, 66, 68; 
documents addressed to, 68; letters written by, TJ, 93, 139, 143, 
213, 269, 343; letters written to, 66, 72, 239; mentioned. 69-71, 78, 
79, 125, 131, 242, 251, 298, 355-357, 359; salary of mentioned, 239. 

Palmer, Enos, soldier, 208. 

Palmer, Isaac, soldier, 208. 

Palmer, Thomas, mentioned, 58". 

Palmes, Edward, decree of in Mohegan case, iii. 

Paper currenc}', act of Parliament proposed to prevent issue of by 
the colonies, 269; Mass. desires that no more issued in America, 
143; see Bills of credit. 

Parker, Ens. John, soldier, 330. 

Parker, John, soldier, 331. 

Parkfr, Corp. Joseph, soldier, 330. 

Parker, William, soldier, 207. 

Paris, Ferd. John, to be engaged in case of Clark vs. Tousey, 66. 

Partridge, mentioned, 358. 

Patchin, Jabez> soldier, 209. 

Patchin, Joseph, soldier, 207. 

Paterson, Joseph, soldier, 210. 

Peck, Capt., mentioned, 206, 208. 

Peck, John, sailor, 4". 

Peet, John, soldier, 210. 

Pelham, Hon. Henry, mentioned, 12, 14, 19, 247. 

"Pembroke's Prize" ship, mentioned, 123. 

Pennsylvania, mentioned, 183, 253. 

Penobscot and Norridgewock Indians, letter written to, 337. 

Penthevre, Duke de, mentioned, 134. 



382 LAW PAPERS. 

Pepperrell, Sir William, document signed by, 304; letters written by, 
258, 289, 209, 304, 307, 313, 321 ; mentioned, 100, 253, 260, 261, 295, 
296, 302; summons from to surrender Louisbourg, 286; to com- 
mand expedition against Louisbourg, 259". 

Pequot Indians, description of their mode of life, 38; desire a teacher, 
36; document signed by, 36; memorial of about John ]\Iorgan, 36. 

Perry, Daniel, soldier, 209. 

Perry, Samuel, soldier, 208. 

Pettet, Samuel, soldier, 207. 

Philadelphia, mentioned, 221, 248. 

Philips, Gen., mentioned, 244. 

Phillips, Capt. George, letter written by, 3; mentioned, 3"; to perforni 
ceremonies on board sloop, i. 

Phillips vs. Savage, case mentioned, 24, 52, 68, "/d; see Intestate estates 
law. 

Phillips, Philip, soldier, 207. 

Picket, ]Mary. mentioned, 17". 

Pierce, Timothy, appointed on boundary commission, 49" ; member 
of governor's council, 210, 211. 

Pitkin, Capt., mentioned, 177. 

Pitkin, Col. Joseph, mentioned, 43. 

Pitkin, Ozias, letter written by, 176; member of committee of war, 
190", 320; member of governor's council, 210. 

I'itkin, William, account of, 189"; letter written by, 189; member of 
committee of war, I90i\ 320; member of governor's council, 210, 
211. 

Plumer, Richard, account of, 222^; letter signed by, 221. 

Polly, Jabez, soldier, 331. 

Popple, mentioned, 29. 

Porish, Ens., soldier, 311. 

Port Caballos, mentioned, 122. 

Port Royal, mentioned, 214"; to be a free port, 215. 

Porter, John, soldier, 210. 

Potatuck, mentioned, 43. 

Potatuck Indians, document signed by, 42 ; memorial of for a teacher, 
42. 

Powder, account of, 220; arrangements for shipping, 219; mentioned, 
4, 201, 202; needed, 191, Z'^'7 \ ordered shipped, 213; payment for 
ordered, 212; purchased, 203; report about, 347; shipment of con- 
sidered, 216. 

Pratt, Rev,, to instruct Indians, 89, 90. 

Pratt, Peter, Indian agent, 61. 

Prentice or Prentis, Jonathan, mentioned, 129; has inclosed Indians' 
land, 82; agreement of Indians with. 128. 

Prentis, John, has inclosed Indians' land, 82. 



INDEX. 383 

Prentis. Capt. John, letters written by, 201, 219, 220, 308; letters 
written to, 229, 257, 275; mentioned, 129, 203, 204, 226, 229. 

Prentis, Capt. Stephen, letter written by, 84; overseer of Niantic 
Indians, S-j ; mentioned, 87. 

Prescott, Capt., appointed to recruit, 14; instructions to about re- 
cruits, 15; letter written to, 15; mentioned, 15". 

Press warrants for procuring seamen, mentioned, 113; use of directed, 
117. 

Preston, Col., mentioned, 198. 

Preston, Joseph, soldier, 331. 

Price, Lemuel, Jr.,. soldier, 210. 

"' Princess Alary " ship, in Louisbourg harbor, 309. 

Privateers, method of granting commissions for, 13. 

Prize commissioners, letter written by, 145. 

Proclamation to encourage trade at Louisbourg, 340, 341. 

Proclamations sent for distribution, 218. 

Providence, mentioned, 276". 

Pultney coalition, mentioned, 33". 

Quebec, mentioned, 182, 223-225. 
Quichick, Daniel, soldier, 331. 

Rattan Island, mentioned, 221 ; proclamation to promote settlements 
on, 215. 

Raymond, Capt., mentioned, 206, 208. 

Raymond, Daniel, soldier, 207. 

Raymond, John, Jr., soldier, 208. 

Reed, Abraham, soldier, 208. 

Reed, George, soldier, 331. 

Register of vessels desired, 2, 3. 

Reike, John, soldier, 208. 

Reynolds, James, soldier, 44. 

Rhode Island, act of, 45; bills counterfeited, 312; boundary to be 
marked, 44, 45 ; committee appointed to mark boundary, 49 ; 
boundary marked, 49° ; meeting to mark boundary postponed, 49 ; 
counterfeit plates of bills, 345; desires to join her troops with 
Conn, troops, 262 ; measures taken by about Louisbourg expedi- 
tion, 267; mentioned, 31, 40, 98, 99, 175, 218, 227, 229, 248, 253, 
256, 280, 282. 

Rhode Island troops, arrive at Louisbourg, 350; mentioned, 278, 23- '• to 
join with Conn, troops, 270. 

Rhode Island sloop, is cruising, 219; mentioned, 174, 218, 265, 273. 276. 
277; to continue cruising, 226; to go against Louisbourg. 261; 
to cruise, 200. 

Rich, John, soldier, 208. 

Richards, George, mentioned, 234. 



384 LAW PAPERS. 

Richards, John, as Indian agent he approves choice of Mohegan coun- 
cilors, 50; letter written by, 144; mentioned, 226, 230-238; over- 
seer for Mohegan Indians, 287. 

Richardson, W. and J., printers, mentioned, 102". 

Ridgefield, mentioned, 206. 

Ring, Richard, soldier, 210. 

Ritchardson, Nathan, soldier, 331. 

Robbins, mentioned, 346. 

Robbins, Rev. Thomas, mentioned, 5". 

Robinson, his bill for clothes for Indians mentioned, 144. 

Rochelle, mentioned, 223, 224. 

Rodman, John, commissioner in Mohegan case, loi"; document signed 
by, 96, loi ; opinion in Mohegan case, 102. 

Rogers, James, mentioned, 230. 

Roll of crew of sloop " Defense," 4. 

Roll of Capt. Adcnijah Fitch's company, 330. 

Roll of soldiers enlisted, from John Burr's regiment, 209; from Jona- 
than Hait's regiment, 206. 

Rouse, Lieut., mentioned, 123. 

Rouse, Capt., mentioned, 264, 272, 273, 294. 

Rowley, soldier, 331. 

Ruatan Island, account of, 214". 

Rumsey, Daniel, soldier, 210. 

Ryder, Sir Dudley, document signed by, 116; mentioned, 115. 127. 

"Rye" ship, mentioned, 118, 119. 

Sabins, Serg. Isaac, soldier, 330. 

Sacket, Richard, buys land of Sharon Indians, 62, 63. 

St. Ann, has been taken, 308. 

St. Christopher, mentioned, 123. 

St. James, Court of, document dated at, 135; mentioned. 141. 232. 

St. John, Nathan, soldier, 207. 

St. John, mentioned, 338, 354. 

St. Lawrence river, mentioned, 324. 

St. Peter's, destroyed by troops, 292, 324. 

Salem, letter dated at, 266; mentioned, 285. 

Salisbury, mentioned, 62, 64, 190. 

Salisbury Indians, report on affairs of, 89. 

Salkeld's reports, mentioned, 25, 2y. 

Saltonstall, mentioned, 166. 

Saltonstall, Gov. Gurdon, letters written by. 28:, 313; letter written to, 

203; member New London's committee, 178; mentioned, 3, 107", 

219. 
Saunders, Capt., mentioned, 289, 292. 
" Scarborough '' ship, mentioned, 122. 



INDEX. 385 

Schaffer, mentioned, 54. 

Scions, John, mentioned, 284. 

Scoheld, Josiah, soldier, 207. 

Scott, Capt, letter from, 118. 

Scott, Henry, soldier, 331. 

Scott, Zackes, soldier, 331. 

Scrifner, Joseph, soldier, 207. 

Scrifner, Uriah, soldier, 207. 

Seamen, "American act" about impressing, 116°; difficulty in procur- 
ing, 1 18-124, 126; obstructions in procuring, 115; press warrants 
for procuring mentioned, 113. 

Sears, mentioned, 203. 

Seeley, Benjamin, soldier, 209. 

Sellick, David, Jr., soldier, 208. 

Sellick, Nathan, Jr., soldier, 208. 

Separatists, mentioned, 140". 

Sergeant, Rev., Indian deed in hands of, 92. 

Settlement on Rsttan island, proclamation to encourage, 215. 

Sexton's river, mentioned, 263. 

Sharon, mentioned, 61-64, 89, 90, 190; purchased of Indians, 62; report 
on Indian claims at, 61. 

Sharon Indians, report on claims of, 61 ; report on affairs of, 89. 

Sharpe, John, bill of, 355; legal charges of, 246; mentioned, 34, 52, 53, 
77, 78, 241 ; solicitor for Conn., 51 ; his action in Clark vs. Tousey, 
68; to be engaged for case of Clark vs. Tousey, 66. 

Sharpe, William, letter written by, 214. 

Sheffield, mentioned^ 192. 

Shelden, Capt., mentioned, 282, 283. 

Sheriff, how appointed, 80°. 

Sherwood, Andrew, soldier, 210. 

Sherwood, Isaac, soldier, 210. 

Ships in Louisbourg harbor, list of, 309. 

Shirley, Gov. William, documents signed by, 174, 180; letters written 
by, 130, 172, 225, 244, 253, 255, 259, 260, 264, 265, 268, 278, 283, 
284, 295, 298, 302, 307, 310, 317, 32s, 332, 337, 342, 349; letters 
written to, 191, 270, 282, 289, 296, 312, 314, 328, 339, 353; men- 
tioned, 100, 181, 225, 226, 228, 244, 252°, 253, 271, 321, 329, 333, 
341, 344, 345, 351. 

Sicily, mentioned, 114". 

Sill, Joseph, agreement by Indians with, 128. 

Silliman, Daniel, soldier, 209. 

Silliman, Ebenezer, member of governor's council, 211; member of com- 
mittee of war, 190"; mentioned, 43, 219. 

Silver, value of, 232, 239". 

Silvester, Giles, decree of in Mohegan case, iii. 
25 



386 LAW PAPERS. 

Slauson, Thomas, soldier, 208. 

Smethurst, Capt., mentioned, 292, 293. 

Smith, Capt., mentioned, 123. 

Smith, mentioned, 328. 

Smith, B., soldier, 331. 

Smith, Ebenezer, soldier, 208, 331. 

Smith, Matthew, mentioned, 87. 

Smith, Nehemiah, deed to mentioned, 128. 

Smith, William, account of, 54" ; mentioned, 240 ; retained in ]\Iohegan 

case, 54. 
Smith, William, sailor, 4°. 
Smithson, Lieut., mentioned, 352. 
Snelling, Capt., mentioned, 310, 318. 
Society in Scotland for Propagating Christian Knowledge, account 

of, 82". 
Soldiers, account of those enlisted, 205 ; to be sent home from West 

Indies, 60; who have escaped are advertised for, 245; see Roll. 
South Carolina, mentioned, 118, 119. 
" South Sea Castle " ship, mentioned, 122. 
South Sea stock, mentioned, 246, 247. 

Spanish dominions in S. America, expedition to be sent against, 60. 
Spanish privateer, reported, 48, 56. 
Spanish prizes, communication from commissioners for distribution of, 

145 ; distribution of, 142. 
Spanish West Lidies, expedition against mentioned, 67. 
Sparks, John, soldier, 331. 

Spink, Ishmael, member R. L boundary committee, 49". 
"Spy" sloop, mentioned, 119. 
Squire, Benjamin, soldier, 209. 
Sciuire, Ebenezer, soldier, 210. 
Stamford(?), letter dated at, 205. 
Slaniford, Capt., mentioned, 292. 
Stanly, mentioned, 131, 176, 242. 
Stanly, Nathaniel, commissioner to confer with Lidians, 183 ; letters 

written by, 271, 272, 332; letter written to, 340; member of con- 

mittee of war, 190", 320; member of governor's council, 210, 211; 

mentioned, 177, 212; proposals of Mass. commissioners to, 195. 
Stanton, Thomas, Indian interpreter, mentioned, 103, 104, 152. 
Stanwich parish, mentioned, 206. 
Stapels, Benjamin, enlisted, 331. 
Stebbins, Daniel, mentioned, 15T. 
Stebbins, Ebenezer, soldier, 208. 
Stebbins, John, mentioned, 151. 
Stephens, David, soldier, 208. 
Sterling, Nathaniel, soldier, 209. 



INDEX. 387 

Sterling, William, soldier, 207. 

Stevens, Jonathan, soldier, 207. 

Stewart, Benjamin, soldier, 207. 

Stewart, Joseph, sol,dier, 331. 

Stimson, James, soldier, 331. 

Slockbridge, Indians at mentioned, 90, mentioned, 92. 

Stoddard, Col. John, appointed commissioner by Mass., 175 ; docu- 
ment signed by as commissioner, 195; letters written by, 262, 2S2; 
mentioned, 270, 282°, 284, 339, 341. 

Stone, Andrew, account of, 126" ; letters written by, 100, 126. 

Stonington, mentioned, 34'^ 104", iii. 

Storie, John, soldier, 331. 

Strange, Sir John, document signed by, 116; mentioned, 112, 115, 127. 

Stratford, letter dated at, 199; mentioned, 47". 

Studwell, Nathaniel, soldier, 208. 

Sturgis, Samuel, mentioned, 80. 

Sufiield, mentioned, 177. 

" Suffolk " ship, mentioned, 122. 

Summers, John, Jr., soldier, 209. 

" Sunderland " ship, in Louisbourg harbor, 309. 

" Surpurbe " ship, in Louisbourg harbor, 309. 

Survey of line between Conn, and N. Y. mentioned, 243. 

" Sw^allow " sloop, mentioned, 172. 

" Swift " sloop, mentioned, 120. 

Sylliman, mentioned, 341. 

Talbot, mentioned, 29. 

Talcott, Gov. Joseph, death of, i; mentioned, 17, 18, 23, 27, 31 33, 46, 

52, 246, 247. 
Talcott, Samuel, account of, 46" ; exchange sold to, 47 ; his draft paid, 

78 ; mentioned, 247 ; purchases exchange on Eng., 46. 
" Tartar " ship, mentioned, 279, 282. 
Tasher, John, mentioned, 130. 
Taylor, John, Jr., soldier, 207. 
Tharp, David, soldier, 210. 
Tharp, Ebenezer, soldier, 210. 
Thomas, Dep. Gov., mentioned, 344. 
Thompson, Hezekiah, soldier, 209. 
Thompson, Nathan, soldier, 209. 
Toby, Simon, soldier, 331. 
Totoa, Jacob, soldier, 331. 
Torrington, Viscount, mentioned, 114". 
Townsend, David, soldier, 331. 
Touser, Charles, soldier, 331. 
Tousey, Thomas, loan to for expenses of case with Samuel Clark, 66; 

mentioned, 10", 94"; see Clark vs. Tousey. 



388 LAW PAPERS. 

Tracey, Solomorij soldier, 331. 

Tracey, Thomas, mentioned, 151. 

Treat, Robert, member of committee of war, 190"., 

Trumble, Col., later Gov., Jonathan, member of governor's council, 210; 

mentioned, 68, 259, 296". 
Trusdill, William, soldier, 207. 
Tubs, Samuel, soldier, 331. 
TuUy, John, document signed by, 127. 
'I'urney, Daniel, soldier, 209. 
Turney, Stephen, soldier, 209. 
Turney, Thomas, soldier, 210. 
Tuttle, Daniel, soldier, 208. 
T3'ler, Jehiel, soldier, 20S. 
Tyng, Capt., mentioned, 292. 

Uncas, deed from mentioned, 103. 
Uncas, Ben, document signed by, 50. 
Unkes, Joshua, soldier, 331. 
Unkes, Samuel, soldier, 331. 

Vassall, Col. John, mentioned, 58". 

Veal, John, sailor, 4". 

Venner, H., mentioned, 60. 

Versailles, document dated at, 132. 

Vienna, mentioned, 132. 

" Vigilant " ship, mentioned, 326. 

Virginia, mentioned, 25, 27, 122, 340. 

Vryling, Lieut., appointed to recruit, 14; mentioned, 77. 

W.\dsworth, James, agent for Conn, in Mohegan case, 95 ; appointed 
on boundary committee, 49" ; documents signed by, 94 ; letter 
written to, 329; member of governor's council, 210, 211; men- 
tioned, 97. 

Wakele, Deliverence, soldier, 209. 

Wakele, Ebenezer, soldier, 209. 

Wakele, Elisha, soldier, 209. 

Wakeley, Elisha, sailor, 4". 

Waldo, mentioned, 56. 

Walker, Rev. George Leon, mentioned, 41". 

Walker, Rol)ert, document signed by, 61. 

Walpolc, Sir Roberl, created Earl of Orford, 20; mentioned, Ti^^. 

Walter, mentioned, 277. 

Wanton, Gov. Gideon, letter written by, 328; mentioned, 218. 

War with h^rance, Conn, votes to send more troops, 296; declaration 
of proclaimed, 177; events of siege before Louisbourg, 289, 299; 
more troops desired from Conn, for, 295 ; more troops needed for 
siege of Louisburg, 303; proposal of Mass. for united action of 
the colonics in, 195. 



INDEX, 389 

Ward, Gov. Richard, account of, 44"; letters written by, 44, 49. 

Ward, Thomas, mentioned, 49. 

Warren, Capt. Peter, mentioned, 226, 229. 

Warren, Com. Peter, letters written by, 304, 316, 352; letter written to, 

299; proclamation by, 353; mentioned, 249, 270, 279, 291, 294, 

295, 302, 303, 307, 309, 314, 321, 324, 2,2,^, 340, 344; summons from 

to surrender Louisbourg, 286. 
Warwick, R. I., bound stone to be erected at, 44, 45 ; letters dated at, 

261, 267; mentioned, 276". 
Waterbury, Ebenezer, soldier, 207. 
Waterbury, Jonathan, Jr., soldier, 207. 
Waterbury, mentioned, 190. 
Watts, Dr., menrioned, 250. 
Welles, Samuel, account of, 39"; letters wriLten by, 39, 8r, 131, 298; 

letter written to, 242. 
Wells, Daniel, soldier, 210. 
Wells, Ed., sailor, 4". 
Wells, Samuel, Jr., soldier, 209. 
Wendell, Col. Jacob, account of, 315"; appointed commissioner by 

^lass., 175; document signed by as commissioner, 195; letter 

written by, 315; mentioned, 100, 243. 
Wentworth, Gov. Benning, mentioned, 255. 
Wentworth, Gen. Thomas, account of, 14"; letters written by, 14, 15, 

60; mentioned, 15, 15", 17. 
Wesley, Rev. John, mentioned, 34. 
Western frontier towns of Conn, and Mass., sending troops to guard 

considered, 270; need protection, 190. 
West Greenwich, R. I., mentioned, 44. 
West Haven, mentioned, 329. 

West Indies, expedition to mentioned, 11; mentioned, 14, 48, 281, ^27. 
Westminster, mentioned, loi, iii. 
Wetmore, Hezekiah, sailor, 4". 
Wheeler, Benjamin, soldier, 209. 
Whelple}', Jonathan, Jr., soldier, 208. 
White, John, soldier, 210, 331. 
White, William, soldier, 331. 

Whitehall, Eng., letters dated at, 100, 126, 140, 142, 221, 248. 
Wliitefield, Rev. George, mentioned, 34, 140, 240. 
Whitehead, John, soldier, 209. 
Whitestone, N. Y., mentioned, 203. 
Whiting, Capt., mentioned, 277. 
Whiting, Ens., mentioned, 352. 
Whiting, Charles, soldier, 331. 
Whiting, John, letters written by, 20, 22, 46; member of committee of 

war, 320; mentioned, 21, 22, 32", 47. 



390 



LAW PAPERS. 



Whiting, Col. Joseph, letter written by, 177 ; member of committee of 

war, 190'!; member of governor's council, 210, 211; mentioned, 

177, 203, 213; to perform ceremonies at New Haven, 2. 
Whiting, Serg. William, mentioned, 330. 
Whitlock, Jonathan, soldier, 209. 
Whitlock, Thaddeus, soldier, 210. 
Whitman, Rev. Samuel, mentioned, 5, 42". 
Whitne, Henr>% soldier, 208. 
Whitney, Daniel, soldier, 207. 
Whitney, John, soldier, 210. 
Whittlesey, Samuel, document signed by, 5. 
Wiard, Thomas, soldier, 331. 
Wilcoxen, John, soldier, 209. 
Wilks, Francis, account with the colony, 247; balance due from his 

estate, 66, 344; death of announced, 51 ; his estate mentioned, 239; 

letters written by, 18, 19; letters written to, 12, 21-23, 2"], 32, 47; 

mentioned, 10, il, 20-22, 31, 35, 39, 46, 54. 58, 67, 68, 71, 72, 78, 

139; order on for payment of exchange, 21, 22. 
Willard, Josiah, account of, 56"; documents signed by, 99, 180; letters 

written liy, 56, 98, 172, 338, 346; mentioned, 100, 181, 253. 338, 

339, 341, 349, 354- 
Williams, mentioned, 336. 
Williams, David, Jr., soldier, 210. 

Williams, Rev. Eli=ha, appointed chaplin, 258"; mentioned, 259. 
Williams, William, soldier, 208. 

Wilmington, Lord, head of the treasury in Eng., 20. 
Wilson, Alexander, mentioned, 16. 
Wilton, mentioned, 205. 

Winchilsea, Earl of, account of, 114"; letter signed by, 112. 
Windham, mentioned, 218. 
Winslow, John, letter written by, 17. 
Windsor, letter dated at, 256. 
Winthrop, his debt to INIr. Hunt, 250. 
Winthrop, Mrs., mentioned, 250. 

Winthrop, Ann, attorney for John, her husband, 239. 
Winthrop, Fitz John, mentioned, 166, 230. 

Winthrop, John, his petition to the assembly, 230; mentioned, 231-239. 
Winthrop, Maj.-Gen. Wait, mentioned, 230-233. 
Winthrop vs. Lechmere, case mentioned, 24, 26, 52, 53, 68, 75 ; petition 

of John Winthrop, 230; see Intestate estates law. 
Winton, Andrew, soldier, 210. 
Woaquet, George, soldier, 331. 
Woaquet, Henry, 331. 

Wobin, John, soldier, 331. ' 

Wohoppin, John, soldier, 331. 



INDEX. 391 

Wolcott, Dr., mentioned, 336. 

Wolcott, Abner(?), mentioned, 279. 

Wolcott, Elizabeth, mentioned, 67". 

Wolcott, Erastus(?), mentioned, 280. 

Wolcott, Josiah(?), mentioned, 280. 

Wolcott, Oliver, mentioned, 280. 

Wolcott, Dep. Gov. and Maj.-Gen. Roger, account of, 40"; agent in 
Mohegan case, 95 ; appointed commissioner to meet Indians at 
Albany, 191; appointed on boundary committee, 49"; conference 
with Indians, 183; documents signed by, 94; instructions to re- 
garding Louisbourg expedition, 260; letters written by, 242, 256, 
'2.7 Z, 277, 278, 346; letters written to, 39, 54, 124, 144, 243, 258- 
260, 266, 272, 275, 276, 278, 334; member of committee of war, 
190°; member of governor's council, 210, 211; mentioned, 67, 96, 
97, 192, 251, 262, 309; proposals of Mass. commissioners to, 195; 
ordered to proceed to Cape Breton, 272 ; sails for Cape Breton, 
281 ; to be second in command of expedition, 259 ; returned from 
Louisbourg, 346; his journal at siege of Louisbourg mentioned, 
360. 

Wolcott, Sarah, letter written to, 279. 

Wolcott, Ursula (?), mentioned, 279. 

Wonter, Lieut., sailor, 4". 

Wood, Amos, soldier, 207. 

Wood, Ephream, soldier, 331. 

Wood, Nathaniel, Jr., soldier, 207. 

Woodbridge, Indian schoolmaster mentioned, 91. 

Woodbridge, Corp. Dudley, soldier, 330. 

Woodbury, letters dated at, 197, 198; mentioned, 190. 

Woods, Capt., mentioned, 205, 207. 

Wooster, Capt. David, account of, 47"; commander of sloop "Defense," 
48; letter written by, 47; mentioned, 351. 

Wyllys, George, letters written by, 10, 20, 22, 46; mentioned, 21, 23, 
32", 43, 47, 84, 87, 92 ; signs letter with members of committee of 
war, 320. 



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